The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decisions relating to X’s business. X has an alternative legal remedy to pursue a claim through the courts. It is reasonable to expect X to use this remedy to achieve what they are looking for.
The complaint
X said the Council was at fault because it decided not to use their business as a suitable placement for children and that decision was not properly considered. X also said because the Council placed them on a risk register, that has had a detrimental impact on their business.
X now wants an investigation and steps taken to restore their business reputation.
The Ombudsman’s role and powers
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 and I considered the Ombudsman’s Assessment Code.
My assessment
X said they disagreed with the reasons the Council used to stop using their business as a placement for vulnerable children. They were also unhappy the Council, unknowingly to them, placed them on a risk register, because of these concerns.
I will not investigate this complaint. X has an alternative legal remedy to pursue court action against the Council. It would also be reasonable to expect them to use this remedy, to resolve their complaint.
The courts can ask for evidence, compel witnesses to give evidence and make binding judgements on whether the Council’s actions were libelous. Additionally, the courts, unlike us, can decide whether the Council’s actions have directly impacted on X’s business and order the Council to pay damages accordingly. There may be some costs to court action, but that does not mean it is unreasonable to expect a person to use their court remedy.
Final decision
We will not investigate X’s complaint because they have an alternative legal remedy and it is reasonable to expect them to use that remedy.
Investigator's decision on behalf of the Ombudsman