The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s Trading Standards service. This is because the Council is not responsible for investigating the concerns Mr X raised, which fall under the jurisdiction of a different local authority.
The complaint
The complainant, Mr X, complains about the process for raising concerns about a trader with the Council’s Trading Standards. He also complains about the way the Council dealt with his concerns.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate complaints about actions which are not the administrative function of the council complained about. (Local Government Act 1974, section 26(1) as amended).
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X has concerns about two items he bought from a company in the Council’s area. He raised his concerns with the Council but it told him it would not investigate, primarily because the supply of goods took place outside its area. It advised Mr X to raise the issue with his local Trading Standards service and told him it would not investigate even if it could because it did not meet the threshold for further action.
Because the Council is not the correct authority to investigate Mr X’s concerns we will not investigate its refusal to do so. An investigation by the Council would not in any event have provided a remedy for Mr X as the issue is a private civil matter and it is not the role of Trading Standards to resolve individual disputes between traders and customers. If Mr X believes the items he purchased from the trader are not fit for purpose he may wish to consider making a claim against the trader at court.
Final decision
We will not investigate this complaint. This is because it does not concern an administrative function of the Council.
Investigator's decision on behalf of the Ombudsman