The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s investigation of a trading standards complaint or the outcome of the investigation. This is because we do not consider the Council’s actions have caused the complainant significant injustice.
The complaint
Ms X complains about the Council’s investigation into her complaint against a property company and the subsequent decision not to take enforcement action.
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 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 any fault has not caused injustice to the person who complained.
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Following a complaint by Ms X, the Property Redress Scheme (PRS) expelled a property company (I shall call Company A) from its scheme. PRS told Ms X she could report Company A to the local trading standards (TS) team if it continued to trade.
Ms X reported Company A to the Council’s TS team. The Council confirms it investigated her complaint. However, it says it did not have enough evidence to take enforcement action against Company A.
I understand Ms X is disappointed with the Council’s decision not to take enforcement action. However, the injustice claimed flows from the actions of Company A. Neither the decision nor the Council’s handling of the matter caused her significant injustice.
The Council cannot provide Mrs X with a remedy for the claimed injustice which was caused by Company A. And any benefit to Company A from the Council not taking enforcement action against it does not cause Ms X direct, personal injustice.
Final decision
We will not investigate Ms X’s complaint because we consider the Council’s investigate and decision not to take enforcement action against Company A, has not caused Ms X a significant personal injustice.
Investigator's decision on behalf of the Ombudsman