Summary: We will not investigate this complaint from a care home about the Council not honouring an agreement for funding. This is because it is reasonable for Mr X to take court action to enforce any contract terms.

The complaint

1. Mr X complains the Council failed to honour an agreement for funding a care home placement.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X represents a care provider. The care provider has a contract with the Council to support a vulnerable adult.
6. Mr X says in February 2022 the service user’s circumstances changed. He asked the Council to review the fees and increase funding. However, the Council has not done so.
7. It would be reasonable for Mr X to take court action to enforce any contract terms, if he is not happy with the Council’s response.

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Final decision

8. We will not investigate Mr X’s complaint because it would be reasonable for Mr X to take court action to enforce any contract terms.

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Investigator's decision on behalf of the Ombudsman