Summary: We will not investigate Mr X’s complaint about the Council’s non-payment of his company’s invoices. This is because it would be reasonable for Mr X to go to court.

The complaint

1. The complainant, Mr X, complains the Council has failed to pay two of his company’s invoices and paid an earlier invoice late. He says the Council currently owes the company more than £7,000 in unpaid professional fees, late payment charges and debt registration costs.

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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 Ombudsman’s Assessment Code.

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My assessment

5. The Council disputes the need to pay Mr X’s invoices and has made an offer of partial payment to settle the matter. Mr X has not agreed to the Council’s offer and believes the Council must pay the full amount due.
6. The issue in this case is a contractual dispute and as such it is a matter for the courts, rather than the Ombudsman. It would be reasonable for Mr X to take action against the Council at court if he wishes to pursue the issue and we will not therefore consider this complaint further.

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Final decision

7. We will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman