Summary: We will not investigate Mr X’s complaint that the Council has failed to pay his invoices for services provided on its behalf. This is because it would be reasonable for Mr X to take the matter to court.

The complaint

1. The complainant, Mr X, complains the Council failed to pay invoices for hotel accommodation provided to homeless people on its behalf. The Council claims it terminated several of the agreements it had with Mr X to provide accommodation but Mr X says he did not receive any notification from the Council of the termination.

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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’s complaint essentially amounts to an allegation of breach of contract. This is a legal issue and if Mr X wishes to pursue the matter it would be reasonable for him to make a claim against the Council at court. At least part of the issue concerns a dispute over whether the Council gave proper notice to terminate the agreement and it is not for us to determine this point.

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Final decision

7. We will not investigate this complaint. This is because it would be reasonable for Mr X to make a claim against the Council at court.

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Investigator's decision on behalf of the Ombudsman