Summary: We will not investigate this complaint about the Council allegedly breaching a contract by unlawfully taking and using confidential information and employing a former employee of Mr X’s organisation. The matters complained of are ones where it would be reasonable for Mr X to use his right to go to court.

The complaint

1. Mr X said the Council:

• Broke a contract with his organisation in unlawfully taking and using confidential information without permission. He said that was the result of his organisation’s work; and
• Wrongly employed an ex-employee of his organisation who had privately negotiated with the Council.

Back to top

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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The matters complained of concern alleged breach of contract and unlawful activity. We cannot say whether an action was legal, and we cannot determine a breach of contract. Only a court could do that.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because he has a right to go to court it would be reasonable to use. This is because courts can determine lawfulness and whether there has been a breach of contract, but we lack the legal powers to do this.

Back to top

Investigator's decision on behalf of the Ombudsman