Summary: We will not investigate Mr B’s complaint that the Council has not complied with the terms of a contract it entered into with a sports club. This is because it is reasonable for Mr B and the sports club to take the Council to court.

The complaint

1. Mr B complains the Council is in breach of its contract with a community sports club by claiming that financial restrictions prevent the Council contributing the sum set out in the contract. Mr B says this is putting financial pressure on the club, which he helps to run, and is creating extra work to keep the club operating. Mr B would like the Council to follow the terms of the contract.

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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 Act 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 B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Our role is to consider complaints of administrative fault. We take the view the courts are in the best position to decide a complaint that an organisation has breached the terms of a contract. Such complaints are often complex legal matters and the courts are better placed to decide disputes about contract interpretation and compliance.
7. I find it is reasonable for Mr B and his sports club to seek legal advice and pursue this matter at court. So, we will not investigate this complaint.

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Final decision

8. We will not investigate this complaint because it is reasonable for Mr B to take the Council to court.

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Investigator's decision on behalf of the Ombudsman