The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X’s unhappiness with the Council’s policy for new traders. This is because we would be unlikely to find fault with the Council’s actions.
The complaint
Mr X complained the Council requires him to purchase a gazebo to trade at a local market. He said the policy is unfair and has caused him financial loss.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council because the Council’s policy requires new traders who want to sell goods at a local market to purchase a gazebo.
Mr X is unhappy as he believes the Council’s policy is unfair. The Ombudsman cannot dictate the Council’s policies and there is no legislation that prevents the Council from maintaining this policy. The Ombudsman would therefore be unlikely to find fault with the Council’s actions.
Final decision
We will not investigate Mr X’s complaint because we would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman