Summary: Mr X complains the Council has failed to respond to a complaint he made about a contractual matter. He says its failure to respond meant he had to take legal action to recover fees and expenses he was due. He wants it to investigate his complaint and apologise to him for not responding to his concerns. The Ombudsman cannot investigate Mr X’s complaint because the issues he complains about are out of our jurisdiction.

The complaint

1. The complainant, who I shall refer to as Mr X, complains the Council has failed to respond to a complaint he made about a contractual issue. He says its failure to respond meant he had to take legal action to recover fees and expenses he was due. He wants it to investigate his complaint and apologise to him for not responding to his concerns.

Back to top

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. We cannot investigate a complaint if it is about certain types of contractual and commercial transactions. (Local Government Act 1974, Schedule 5/5a, paragraph 3, as amended)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. The courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

Back to top

How I considered this complaint

6. I considered the information submitted by Mr X in support of his complaint and provided him with an opportunity to comment on my draft decision.

Back to top

What I found

7. Mr X entered into a contract with the Council to provide services in relation to a planning matter.
8. In July 2019, he emailed the Council to complain about issues concerning the terms of his contract and the work he had undertaken. One of the issues he raised related to unpaid invoices. He said he would consider taking legal action for a breach of contract if the matter was not resolved.
9. Mr X says the Council did not respond to this email or another he sent later to hasten the matter. Consequently, he states he has taken legal action to recover the amount of the unpaid invoices, plus expenses.
10. The law says the Ombudsman cannot investigate complaints about contractual or commercial transactions, which includes those relating to the provision or procurement of professional services. It also says we cannot investigate any matter which is in the process of, or has been considered by the courts. Moreover, the courts have said we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. Therefore, I cannot investigate Mr X’s complaint.

Back to top

Final decision

11. The Ombudsman cannot investigate this complaint. This is because the issues which Mr X complains about are out of our jurisdiction.

Back to top

Investigator's decision on behalf of the Ombudsman