The Ombudsman's final decision
Summary: We will not investigate this complaint about contractual arrangements. This is because it is reasonable for the Care Provider to use the dispute resolution procedures set out in the contract it has with the Council.
The complaint
Mrs B complains as a Care Provider. Mrs B says the Council is not paying a reasonable hourly rate for clients it contracts with her company to provide with care. Mrs B says she wants to be paid per client as other companies are and wants the Council to accept the offer her company made to the Council.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
This is a contractual dispute where the contract terms are clear and provide for the price and changes to it. It would be reasonable for Mrs B to use the dispute resolution procedures set out in section 27 of the contract, including medication, arbitration and ultimately court if necessary.
Final decision
We will not investigate Mrs B’s complaint because it would be reasonable for her to use the dispute resolution procedures set out in the contract.
Investigator's decision on behalf of the Ombudsman