Summary: We will not investigate this complaint about the Council’s delay paying a care provider for services because further investigation would not lead to a different outcome.

The complaint

1. Mr X, as a Director of a company providing Adult Social Care services, complains the Council delayed setting up a contract and paying his company for 36 months, placing it under financial strain. Mr X also complains the Council has failed to pay invoices owed from 2022 and wrongly sought the personal data of another service user.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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:
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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)

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X’s complaint about non payment of invoices in 2022 is late, with no good reason to exercise discretion.
8. Mr X’s complaints about a failure to contract and non-payment for services has been ongoing from March 2024 to August 2025 and so falls in time. However, I will not investigate as this would not lead to a different outcome. In August 2025 the Council accepted it had made a mistake, apologised, explained what went wrong, agreed to make payment for outstanding sums and said it would learn lessons. Further investigation would not achieve anything more.
9. It is reasonable for Mr X to take court action if there is any further dispute about sums owed or if he seeks compensation for the impact to his business. The courts are better placed to decide on contractual disputes and assess any economic loss.
10. The Information Commissioner’s Office is better placed to consider Mr X’s concerns about the Council’s handling of personal data.
11. Social Work England is better placed to consider Mr X’s concerns about the conduct of individual social workers.
12. It is not proportionate to consider Mrs X’s complaints of poor communication and complaint handling when we are not investigating the substantive issues.

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Final decision

13. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman