The Ombudsman's final decision
Summary: We will not investigate Mr and Mrs X’s complaint about the Council’s trading standards investigation concerning a local trader who took their money. This is because the Council’s actions have not caused Mr and Mrs X significant injustice. Their injustice lies in the loss of their money to the trader and the Council cannot recover this for them.
The complaint
The complainants, Mr and Mrs X, complain the Council has taken too long to deal with their complaint about a local trader and has failed to keep them updated on the case. They say the trader owes them tens of thousands of pounds.
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 do not start an investigation if we decide 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 and Mrs X and the Ombudsman’s Assessment Code.
My assessment
Council trading standards services investigate unfair trading and illegal business activity. They have powers to prosecute rogue traders but cannot provide personal remedies for those affected.
The Council investigated Mr and Mrs X’s concerns about the trader but decided not to prosecute them.
Mr and Mrs X are unhappy with the length of time the Council took to investigate their case and with the outcome, as they have lost a large amount of money as a result of the trader’s actions. But the Council cannot get Mr and Mrs X their money back, regardless of how long it takes to investigate and whether it decides to prosecute the trader.
Mr and Mrs X’s injustice lies in the money they lost and as the Council has explained to them, they would need to make a civil claim against the trader if they wish to have any hope of getting their money back. So although they are understandably frustrated at the trading standards investigation this has not caused them significant injustice and does not therefore warrant further investigation.
Final decision
We will not investigate this complaint. This is because the Council’s actions have not caused Mr and Mrs X significant injustice.
Investigator's decision on behalf of the Ombudsman