The Ombudsman's final decision
Summary: We will not investigate this complaint about the payments made by the Council to a residential provider for children and young people in respect of a resident placed by there by the Council. The matter complained of is one where Mr X has a right to go to court it would be reasonable to use.
The complaint
Mr X complained that the Council failed to pay the full sum due to his organisation for a resident.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The complaint correspondence Mr X provided confirmed the Council reached an agreement with his organisation about fees due for the placement up to a specific date. It confirmed the Council did not consider itself liable for the fees after that date. This was due to it claiming the young person’s family moved to another area and that another authority was then responsible for the fees.
A dispute between the Council and a provider about fees is not one we can investigate as we cannot determine legal responsibility. The question of fees in an earlier period has already been subject to a legal agreement. Where the dispute about continued liability cannot be resolved it would be reasonable for Mr X to take the matter to court.
Final decision
We will not investigate Mr X’s complaint because has a right it would be reasonable to use to take the matter to court.
Investigator's decision on behalf of the Ombudsman