Summary: The Ombudsman will not investigate Mr X’s complaint that the Council has failed to pay for services from Mr X’s legal firm incurred by a Council social service client. Mr X’s complaint is a claimed breach of a contract or agreement. This is a matter for the courts to decide. It is reasonable for Mr X and his firm to put this matter before the courts.

The complaint

1. Mr X complains on behalf of the legal firm where he works. He says the Council agreed to pay up to £500 in legal fees incurred by Mr Y, who is a social services client.
2. Mr X complains the Council has failed to:
• pay his firm for the £390-worth of legal services provided to Mr Y;
• respond to the complaint.
3. Mr X wants the Council to pay the firm the £390 he considers it owes.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. As part of my assessment I have:
• considered the complaint and the documents provided by Mr X;
• issued a draft decision, inviting Mr X to reply.

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What I found

7. Mr X says the Council agreed during a conversation to pay his firm up to £500 for the legal services provided to Mr Y. He says this agreement was then recorded in his firm’s written note of the conversation. Mr X considers the Council’s failure to respond to and pay the firm’s invoices is a breach of the arrangement it had with his firm.
8. Whether the Council has breached a contract or agreement to pay Mr X’s firm for Mr Y’s legal services is a legal issue. I consider it is reasonable to expect Mr X and his firm to pursue the claimed non‑payment of invoices at court, as the court is the appropriate body to consider and determine such matters.

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Final decision

9. The Ombudsman should not investigate this complaint. This is because Mr X’s complaint is a claimed breach of a contract or agreement. That is a matter for the courts to decide. It is reasonable for Mr X and his firm to pursue this through the courts.

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Investigator's decision on behalf of the Ombudsman