Summary: We will not investigate Mrs X’s complaint about the Council’s refusal to pay for 70 hours of planned care after it ended working with her company. This is a matter relating to a possible breach of contract that it would be reasonable for her to take to court.

The complaint

1. Mrs X said the Council was at fault by cancelling 70 hours of care her company was due to provide for a child and refusing to pay for what it had agreed.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I read Mrs X’s complaint and the complaint correspondence. I gave Mrs X the opportunity to comment on a draft decision.

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What I found

5. Mrs X represents a company that provided services to the Council. In this case, the Council cancelled 70 hours of care the company planned to provide for a child. The matter complained of concerns a possible breach of contract, which is a matter for a court. It would be reasonable for Mrs X’s company to use its right to go to court.

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Final decision

6. We will not investigate this complaint. This is because there is a right to go to court it would be reasonable for Mrs X’s company to use.

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Investigator's decision on behalf of the Ombudsman