Summary: We will not investigate Mr X’s complaint about the Council’s tendering process for adult social care services. The courts are better placed to consider this complaint. We could not achieve the outcomes he wants.

The complaint

1. Mr X complains about the Council’s tendering process for adult social care services. He says its scoring system was flawed which led to his company missing out on securing contracts. He wants the Council to compensate him for the loss of business.

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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 impact 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 or continue an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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

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My assessment

6. In its responses to Mr X, the Council said it was satisfied its scoring and the outcome as communicated to all bidders was correct. It said it would now progress to award the contracts to the successful bidders.
7. We will not investigate this complaint. If Mr X considers flaws in the tendering process have led to his company missing out on contracts, this matter is better considered by a court. The contracts have now been awarded to other providers and we could not order the Council to revoke these or award a contract to him.
8. The courts are also better placed to consider a claim for compensation. This is not something we could achieve and so we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because the courts are better placed to consider his complaint and we could not achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman