Liverpool City Council (23 017 000)
Category : Other Categories > Commercial and contracts
Decision : Closed after initial enquiries
Decision date : 12 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the conduct of Council officers in relation to a contractual dispute. This is because the courts are better placed to consider the contractual dispute. Any injustice caused to the complainant by the conduct of Council officers is either not separable from the contractual dispute or is not significant enough to warrant our involvement.
The complaint
- Mrs X complains about the conduct of Council staff in relation to a contractual dispute she has with the Council regarding her business.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate any matters relating to the contractual dispute between Mrs X and the Council. This is because the courts are better placed to consider such matters.
- I will not investigate Mrs X’s complaint about the conduct of Council officers. Any injustice caused by the officers actions is either not separable from the contractual dispute itself or is not significant enough to warrant our further involvement.
Final decision
- We will not investigate Mrs X’s complaint because the Council’s actions are either not separable from a matter that should be raised in court, or do not cause Mrs X a significant enough injustice to justify our involvement.
Investigator's decision on behalf of the Ombudsman