Summary: We will not investigate Mr X’s complaint about changes to how the Council’s music service charges its customers. If Mr X thinks the Council has breached contract and consumer law, then it is reasonable for him to seek a remedy in court.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about changes to how the Council’s music service charges for lessons. These now need to be paid for in advance, with the option to pay by direct debit no longer available. Mr X has complained the way the Council introduced the changes breaches UK contract law as well as other legislation, including the Consumer Rights Act. Mr X wants the previous payment arrangement reinstating, compensation, and a fresh consultation into how payments are collected.

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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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. We will not start an investigation into Mr X’s complaint.
7. In this case, the Council has explained the background to the changes and how they were introduced. Mr X contends the Council’s is in breach of the law. The role of the Ombudsman is to look for administrative fault. It is not our role to decide matters of law. That is instead a matter for the courts.
8. If Mr X wants to pursue his complaint, then it is reasonable that he takes the matter to court. This is because the court can decide if the Council has breached the legislation Mr X refers to. That is not a decision we can take and so we could not achieve any of Mr X’s preferred outcomes. An investigation by the Ombudsman is not therefore appropriate.

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Final decision

9. We will not investigate Mr X’s complaint because it is reasonable for him to pursue the matter in court.

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Investigator's decision on behalf of the Ombudsman