Summary: We will not investigate this complaint about the Council not paying child-minding invoices. This is because the complainant has an alternative legal remedy, to pursue a claim through the courts. The courts can decide whether the Council is liable and impose a direction for continued compliance, unlike us. It is therefore reasonable to expect the complainant to use their legal remedy.     

The complaint

1. X complained the Council was not re-imbursing them for costs related to child minding duties, they undertook, on behalf of the Council. They said they frequently experienced delays and were left financially disadvantaged.

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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 and I considered the Ombudsman’s Assessment Code.

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Final decision

4. We will not investigate X’s complaint because they have an alternative legal remedy, through the courts and because only the courts can impose a binding direction on the Council to achieve the outcome they are looking for, it is reasonable to expect them to use this remedy.

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Investigator's decision on behalf of the Ombudsman