Summary: We will not investigate this complaint about contractual matters relating to a contract between the Council and a private contractor. This is because Mr X is not personally affected by the actions complained about and we cannot hold the Council responsible for the injustice he claims.

The complaint

1. Mr X complains about the Council’s management of a construction project on which he worked but was removed from following complaints by the Council. He says the Council removed variations to the contract for the work which had been agreed, refused to pay for the variations and threatened to withhold payment.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)

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How I considered this complaint

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

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My assessment

6. It was not the Council’s decision to remove Mr X from the project and we cannot hold it responsible for the decision. This is a matter between Mr X and the contractor who employed him.
7. Mr X’s remaining concerns relate to the Council’s actions in relation to the contractual agreement between it and the contractor. Mr X is not a party to this agreement and is not complaining on the contractor’s behalf. Any issues affecting the contractor do not therefore cause him injustice. If the contractor is concerned the Council has breached the terms of their contract, including any variations agreed, the contractor may raise a dispute as provided for in the contract, or take the matter to court. It is not for us to enforce the terms of contracts between the Council and its contractor.
8. While Mr X complains about the Council’s management of public funds, this is an issue which affects ‘all or most’ of the people in the Council’s area rather than Mr X personally. We cannot therefore investigate as set out at Paragraph 4.

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Final decision

9. We will not investigate this complaint. This is because it is unlikely we could achieve any worthwhile outcome for Mr X. The contractual issues he complains about are between the Council and the contractor and the Council is not responsible for removing Mr X from the project or any injustice which results from this.

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Investigator's decision on behalf of the Ombudsman