Summary: We will not investigate Mr X’s complaint about the Council refusing to pay for invoices for physiotherapy services he provided to an individual. This is because it is reasonable to expect him to take the matter to court.

The complaint

1. Mr X complains about the Council has refused to pay invoices for physiotherapy services provided to an individual.

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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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s company has provided physiotherapy care to an individual, Mr Z, since 2013. Mr X said the Council paid for physiotherapy care provided by his company between 2013 and 2020. Mr X said the Council was responsible for Mr Z’s care and financial matters.
6. In November 2020, Mr X moved to another care home. Mr X said the Council told him to continue to provide physiotherapy services until it had reviewed Mr Z’s care package. He says the Council failed to do this and refused to pay the invoices for services provided to Mr Z.
7. We will not investigate this complaint as the Court is better placed to resolve the dispute. This is because the matter ultimately falls on whether the Council, itself or acting on behalf of Mr Z, had a contractual relationship with Mr X’s company. I am also satisfied it is reasonable for Mr X to go to court to resolve this dispute.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable to expect him to take the matter to court.

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Investigator's decision on behalf of the Ombudsman