The Ombudsman's final decision
Summary: We cannot by law investigate this complaint about the Council’s trading standards investigation into alleged criminal offences. any action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime.
The complaint
The complainant (Mrs T) complains about the Council’s trading standards investigation into possible criminal offences. The investigation concerned building work to Mrs Y’s home which was undertaken by an individual operating as a business. She says she was the victim of criminal acts and that the Council’s decision to not prosecute the individual concerned is flawed.
In summary, Mrs T says the building work severely impacted her daily work and family life. She says if the Council’s trading standards’ team had prosecuted the individual concerned and completed its duties, she would not have to spend extra time and effort perusing the matter. As a desired outcome, Mrs Y wants the Council to reopen the case and prosecute the individual concerned.
The Ombudsman’s role and powers
We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended).
How I considered this complaint
I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
I recognise Mrs Y is dissatisfied with the Council’s actions, however the Ombudsman has no jurisdiction to investigate any action (including decisions) taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. We also have no powers to compel the Council to commence prosecution against the induvial concerned.
Final decision
We cannot investigate this complaint as we have no jurisdiction to investigate any action (including decisions) taken by or on behalf of any local policing body in connection with the investigation or prevention of crime.
Investigator's decision on behalf of the Ombudsman