Summary: We will not investigate Mr Q’s complaint about a breach of contract for works the Council did to his home. This is because further investigation is unlikely to lead to a different outcome. And Mr Q may go to court if he believes the Council is in breach of his contract.

The complaint

1. The complainant, whom I have called Mr Q, complained about South Gloucestershire Council. He said the Council was in breach of its contract for works it did to his home. He would like compensation for the breach of contract.

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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. We may decide not to start or continue with an investigation if we believe it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)
4. 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

5. I considered the information Mr Q provided. I considered the information the Council provided. I considered Mr Q’s response to a draft of this decision.

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What I found

Background

6. The Council’s HandyVan team provides maintenance services for residents.

What happened

7. Mr Q paid for the HandyVan team to do some works to his home. He later complained to the Council about the service he received, saying the operatives

• were not fully prepared to do the works
• did not do the works in accordance with the contract between Mr Q and the Council
• refused to use the paint Mr Q had bought for the job.

8. The Council upheld or partially upheld Mr Q’s complaints and apologised to him. It explained

• why it did not do all the works in the contract
• why it had been unable to use Mr Q’s paint
• what action it had taken following Mr Q’s complaint
• the works the Council did not do were completed to Mr Q’s satisfaction when he found a third party willing to do them.

9. Mr Q remains unhappy with the Council’s actions. He said the Council was in breach of his contract with it and wants compensation for this.

Assessment

10. We will not investigate this complaint.
11. The Council investigated Mr Q’s complaint and apologised for the fault it identified. The works were completed to Mr Q’s satisfaction, albeit by a third party he appointed. It is unlikely further investigation by us will lead to a different outcome.
12. If Mr Q believes the Council is in breach of his contract with it, that is a matter for the courts to decide, not us. The courts can also decide how much, if anything, the Council should pay Mr Q if his claim is successful. It would be reasonable for Mr Q to go to court.

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Final decision

13. We will not investigate this complaint for the reasons given in the Assessment.

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Investigator's decision on behalf of the Ombudsman