Summary: Mr X’s claimed injustice over how the Council procured a contractor for a new swimming pool impacts on all or most of the people in the Council’s area and so we cannot investigate.

The complaint

1. Mr X complains the Council failed to follow procurement procedures and regulations when it appointed a contractor to manage the building of a new swimming pool.

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The Ombudsman’s role and powers

2. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council’s alleged fault has caused him an injustice because he is a council taxpayer and he expects transparency with the use of his money, especially on expensive projects.
6. The way the Council procured contractors to build the swimming pool does not affect him personally. Furthermore, the matter has not affected Mr X more than any other member of the public in the Council’s area.
7. We cannot by law investigate the complaint. The majority of local residents as taxpayers will be affected financially by the matter complained of. We are prohibited from investigating something that affects all or most of the people in a council’s area. That limitation applies here so we cannot investigate.

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Final decision

8. We will not investigate Mr X’s complaint because it affects all or most people in the Council area.

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Investigator's decision on behalf of the Ombudsman