Summary: We will not investigate Mr X’s complaint about unpaid invoices for services his company provided to the Council because other bodies including either court or the Public Procurement Review Service are better suited to consider the matter.

The complaint

1. Mr X complains the Council failed to pay invoices for services rendered by his company. Mr X said the matter caused frustration and time and trouble to resolve.
2. Mr X wants the Council to settle the outstanding invoices with immediate effect.

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The Ombudsman’s role and powers

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 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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate this complaint. For any disputed unpaid invoices (i.e., invoices the Council does not agree it owes) it is reasonable to expect Mr X to take the matter to court. This is because only the courts can determine whether the invoices should be paid.
8. For any undisputed but unpaid invoices, the Public Procurement Review Service (PPRS) is better placed than the Ombudsman to consider the matter. The remit of the PPRS includes local authorities (councils). It considers procurement activity including unpaid invoices. The PPRS was specifically created by Parliament to consider issues such as these. It is therefore better suited than the Ombudsman to consider the matter. Alternatively, Mr X could include his unpaid invoices claim to the courts.

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Final decision

9. We will not investigate Mr X’s complaint because other bodies are better suited to consider the matter.

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Investigator's decision on behalf of the Ombudsman