Summary: The Ombudsman will not investigate Mr X’s complaint that the Council failed to reply to his complaint against its officer regarding a contractual matter. The underlying issues are outside the Ombudsman’s jurisdiction because they concern a contractual and employment relationship. The Ombudsman will not investigate complaint handling in such circumstances and there is no injustice.

The complaint

1. Mr X complains the Council has failed to reply to his complaint sent to it on 1 February. The complaint is about the conduct of its solicitor regarding Mr X’s employment with the Council via a contract. The Council twice promised a reply, when it wrote to him in June, but failed to write by the promised date.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
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)
4. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

5. I have considered Mr X’s information and comments. The information includes his email communications with the Council.

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What I found

6. In October 2019, the Council offered Mr X casework under a contract. Mr X complaint to the Council says he had little time to deal with the matter but he accepted the work. He sought a penalty for not paying his bill within ‘the agreed contractual period’. The Council’s solicitor threatened to act against Mr X and, he says, appeared to treat his request for a penalty payment as a ‘personal affront’.
7. On 23 October Mr X complained to the Council. It acknowledged his contacts in February and June but had not written by the time he complained to the Ombudsman.

Analysis

8. I will not investigate this complaint for the following reasons:
9. The underlying issues in this complaint and the conduct of the Council’s solicitor are outside the Ombudsman’s jurisdiction because they relate to a contract and/or personnel issues (see paragraph 3 and 4 above). The Ombudsman cannot investigate action relating to the appointment of a person to do work for the Council. Having regard to the circumstances, it is reasonable for Mr X to use his legal remedy if there is a contractual dispute. A court has the power to decide such a dispute.
10. The courts have indicated that the Ombudsman cannot investigate complaint handling where the underlying issue is outside jurisdiction.
11. There is no reason to investigate the complaint handling. It is essentially a contractual/work related complaint better dealt with outside the complaint procedure. There is also insufficient injustice.

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Final decision

12. The Ombudsman will not investigate Mr X’s complaint that the Council failed to reply to his complaint against its officer regarding a contractual matter. The underlying issues are outside the Ombudsman’s jurisdiction because they concern a contractual and employment relationship. The Ombudsman will not investigate complaint handling in such circumstances and there is no injustice.

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Investigator's decision on behalf of the Ombudsman