Summary: We will not investigate this complaint about the Care Provider not having paid for services provided by a recruitment business. It is reasonable for the business to make a claim through the courts for breach of contract.

The complaint

1. A recruitment company complains the Care Provider has not paid it after it supplied temporary staff. This has led to significant debt for the recruitment company.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The business has the option to take action against the Care Provider via the County Court, for breach of contract. It is reasonable for the business to take this action, and there is not a good reason the Ombudsman should consider this complaint instead of the courts.

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Final decision

6. We will not investigate the recruitment business’ complaint because the County Court is better placed to consider a claim for breach of contract.

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Investigator's decision on behalf of the Ombudsman