West Sussex County Council (25 027 717)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 18 Aug 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decisions relating to X’s business. X has an alternative legal remedy to pursue a claim through the courts. It is reasonable to expect X to use this remedy to achieve what they are looking for.
The complaint
- X said the Council was at fault because it decided not to use their business as a provider of alternative education provision, for children, and that decision was unfair and not properly considered. X said this has impacted on them both personally and professionally.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
- X said because the Council imposed a blanket suspension and terminated their contract it has had a detrimental impact on their business. X now wants the Council to acknowledge its mistake, make a financial payment to recognise the impact on X’s business and for it to take steps to restore their business reputation.
- I will not investigate this complaint. X has an alternative legal remedy to pursue court action against the Council. It would also be reasonable to expect them to use this remedy, to resolve their complaint.
- The courts can order documents, compel witnesses to give evidence. It can also make binding judgements on whether the Council’s actions were libelous. Additionally, the courts, unlike us, can decide whether the Council’s actions have directly impacted on X’s business and order the Council to pay damages accordingly. There may be some costs to court action, but that does not mean it is unreasonable to expect a person to use their court remedy.
Final decision
- We will not investigate X’s complaint because they have an alternative legal remedy and it is reasonable to expect them to use that remedy.
Investigator's decision on behalf of the Ombudsman