Summary: We will not investigate Mr X’s complaint concerning a contractual dispute with the Council. This is because it would be reasonable for him to take the matter to court.

The complaint

1. The complainant, Mr X, complains the Council failed to comply with the terms of a contract. He also complains about the Council’s interpretation of the 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. 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

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

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My assessment

6. Mr X has a contract with the Council. He complains the Council has failed to fulfil the terms of the contract and that it has interpreted clauses as requiring him to carry out expensive works he believes it is responsible for.
7. It is not for us to interpret or enforce Mr X’s contract with the Council; this is the court’s role. If Mr X believes the Council has breached the contract, and if he wishes to clarify disputed terms, it would be reasonable for him to take the matter to court.

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Final decision

8. We will not investigate this complaint. This is because it concerns a contractual dispute which it would be reasonable for him to take to court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman