Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s handling of a procurement matter. This is because the contract was subject to the Public Contracts Regulations 2015 and if Mr X disputed the Council’s decision it would have been reasonable for him to go to court.

The complaint

1. The complainant, Mr X, complains the Council did not follow the correct process when considering his tender for a contract for services. He says that as a result he and his company have suffered financial loss, stress and distress.

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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 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

4. I reviewed the information provided by Mr X, including the details of his complaint and the Council’s response. I shared my draft decision with Mr X and invited his comments.

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What I found

5. The Council carried out a procurement exercise in 2020 for a high-value contract. Mr X tendered for the contract but was unsuccessful. He says the Council did not follow the correct process when considering his tender as it did not allow him to explain the results of a credit check. He also says the Council’s scoring of his tender contradicted its reasons for not awarding his company the contract.
6. The Council has explained that it did not reject Mr X’s tender solely on the basis of the credit check and that it took into account other issues it has sought his response to before making its decision.
7. Mr X clearly disagrees with the Council’s decision but the Public Contracts Regulations 2015 apply and the appropriate way to challenge the decision is through the courts.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because it would have been reasonable for Mr X to go to court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman