The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision not to investigate a local trader. This is because there is no evidence of fault by the Council and because its decision does not cause Mr X significant injustice. We also cannot achieve the outcome Mr X wants, which is for the Council to prosecute the trader.
The complaint
The complainant, Mr X, complains the Council has failed to investigate his concerns about a local trader. He says the trader has damaged his property and cost him £10,000.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
The Council has explained the reasons it decided not to investigate the trader and it is not for us to question its decision. Trading Standards cannot investigate every complaint it receives and it is not fault to prioritise those which are the most serious and have the greatest impact.
We cannot say the Council must prosecute the trader and its decision not to investigate does not cause Mr X significant injustice in any event. Mr X’s losses are the result of the trader’s actions and any prosecution by the Council could not provide a remedy for this as it is a civil matter between the two parties.
Final decision
We will not investigate this complaint. This is because there is no evidence of fault by the Council and its decision does not cause Mr X significant injustice. We also cannot achieve the outcome Mr X wants.
Investigator's decision on behalf of the Ombudsman