Summary: We will not investigate this complaint about the Council not paying an outstanding sum. There is not enough injustice to warrant investigation, and Mr X could pursue a claim with the small claims court.

The complaint

1. Mr X said the Council failed to pay an outstanding debt and this has left him with a credit card balance to pay.

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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. According to the Council’s final letter to Mr X, which he sent us, the sum involved is £68, relating to a clothes purchase. This is not enough to justify our involvement. Mr X also has a right to go to the small claims court it would be reasonable to use.

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Final decision

6. We will not investigate Ms X’s complaint because any injustice is not enough to warrant our involvement and it would be reasonable for him to take the matter to the small claims court.

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Investigator's decision on behalf of the Ombudsman