Summary: We will not investigate this complaint about the way the Council dealt with a contractual issue. It would be reasonable for the complainant to ask a court of law to resolve the dispute. The Information Commissioner’s Office is better placed to consider complaints about information handling.

The complaint

1. Mr Z says the Council failed to stick to the terms and conditions of a contract, and ended the contract wrongly after an investigation. He is also unhappy about the way the Council conducted the investigation.
2. Mr Z also says the Council shared information with third parties.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

6. I considered information provided by Mr Z and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr Z, who owns a business providing services to the Council under contract, says the Council stopped funding when it started an investigation into safeguarding concerns.
9. It is not for the Ombudsman to decide whether the termination of the arrangement was in line with the terms of the contract because it would involve interpreting the contract and relevant law. Therefore, it would be reasonable for Mr Z to ask a court of law to decide if the Council has breached any conditions of the contract.
10. The only result of the Council’s investigation affecting Mr Z was its decision to end the contract, so there is no need for us to investigate what led to that decision.
11. Mr Z can make a complaint about the Council sharing information with third parties to the Information Commissioner’s Office (ICO). The ICO handles complaints about freedom of information and data protection.

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Final decision

12. We will not investigate Mr Z’s complaint because it would be reasonable for him to ask a court of law to consider whether the Council complied with the terms of the contract, and the ICO is best placed to deal with complaints about information handling.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman