Tunbridge Wells Borough Council (21 012 542)

Statement Upheld Commercial and contracts 06-Jan-2022

Summary: We will not investigate Mr X’s complaint about the Council’s failure to comply with its procurement processes and the Public Contract Regulations 2015. If Mr X felt the Council’s decision to reject his bid was wrong it would have been reasonable for him to challenge it at court. The Council has provided a suitable remedy for the injustice caused by its failures in dealing with Mr X’s complaint.

Great Yarmouth Borough Council (21 010 145)

Statement Closed after initial enquiries Commercial and contracts 29-Nov-2021

Summary: We will not investigate this complaint about the Council wrongly lifting notices on a property which Mr X later leased. This is because Mr X should have carried out his own due diligence to check the property was fit for his intended use. Any injustice Mr X experienced was not caused by fault by the Council.

London Borough of Croydon (21 012 739)

Statement Closed after initial enquiries Commercial and contracts 25-Nov-2021

Summary: We will not exercise discretion to investigate this complaint about a tenant of the Council. This is because it would be reasonable for the property owner to enforce the terms of his letting agreement with the Council in court.

Shropshire Council (21 010 082)

Statement Closed after initial enquiries Commercial and contracts 12-Nov-2021

Summary: We cannot investigate Mr X’s complaint about the Council’s loss of a revenue contract for the maintenance and operation of a car park. This is because the issue affects ‘all or most’ of the people in the Council’s area and it is therefore not subject to investigation under the Local Government Act 1974.

Kent County Council (21 009 908)

Statement Closed after initial enquiries Commercial and contracts 11-Nov-2021

Summary: We will not investigate Mr X’s complaint about the Council’s use of public funds to support the setting up of a new company. This is because any personal injustice to Mr X has been remedied and we could not add anything to the outcome provided. Additionally, the impact of the Council’s actions on the public purse affects ‘all or most’ of the people in its area. It is therefore excluded from investigation under the Local Government Act 1974.

Lewes District Council (20 010 379)

Statement Closed after initial enquiries Commercial and contracts 09-Nov-2021

Summary: We will not investigate Miss X’s complaint that the Council failed to tell her about vacant business premises it subsequently let to a competitor. This is because we could not say the Council’s actions caused Miss X significant injustice and we cannot achieve any worthwhile outcome by investigating the matter further.

St Albans City Council (21 010 750)

Statement Closed after initial enquiries Commercial and contracts 02-Nov-2021

Summary: We will not investigate Mr B’s complaint about the Council not complying with the terms of a lease agreement for a commercial premises. This is because it is reasonable for Mr B to take the Council to court, which is in the best position to decide the matter.

Brighton & Hove City Council (20 010 294)

Statement Upheld Commercial and contracts 19-Oct-2021

Summary: Mrs X complained the Council took too long to complete her licence and charged her for legal fees the amount of which she was not informed about at the outset. The Council has already admitted it was at fault when it delayed and failed to keep her informed of progress. It was also at fault for delaying in providing Mrs X with clear information about the amount of legal fees she needed to pay. The Council has already apologised and offered Mrs X £300 for the delays and failure to keep her updated. It has also agreed to apologise for its failure to provide timely information about the legal costs she would incur.

Sandwell Metropolitan Borough Council (21 006 709)

Statement Closed after initial enquiries Commercial and contracts 10-Oct-2021

Summary: We will not investigate Mrs X’s complaint about a charge placed on her property to secure a ‘kickstart’ loan from the Council in 2010. This is because the complaint is late.

St Helens Metropolitan Borough Council (20 005 971)

Statement Upheld Commercial and contracts 30-Sep-2021

Summary: Mr S complains about the way the Council administered the tendering process for a contract his company bid for. He complains about the notification of the interview date, the way the Council’s panel handled the interview and presentation, and the Council’s responses to his request for feedback and a complaint. We uphold the complaint, because of some inadequate record keeping, which does not meet the expectations of either procurement policy or the Ombudsman’s principles of good administrative practice. The Council has agreed to our recommendations.