The Ombudsman's final decision
Summary: We cannot investigate this complaint about the running of a Council-owned market. The law says we cannot investigate complaints about the Council’s provision or operation of markets. We will not investigate part of this complaint because there no worthwhile outcome achievable by an investigation.
The complaint
Mr X complains about the Council’s management of one of its markets. He says the Council is failing to oversee the running of the market effectively. Mr X says this has resulted in fewer visitors to the market, fewer traders and has affected his company’s profits.
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 a complaint about contractual or other commercial transactions relating to the provision and operation of markets. (Local Government Act 1974, Schedule 5/5a, paragraph 3, as amended) 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 there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has held a pitch at the market since January 2024. The market is run by the Council in partnership with a private company.
Mr X says the Council is not running the market effectively. He complains about the day-to-day running of the market and says the Council does not monitor the contract with the company that runs the market on its behalf. Mr X would like to see the market included in future regeneration plans.
The law prevents us from investigating complaints about contractual or other commercial transactions relating to the provision and operation of markets. That is the case here and we therefore cannot investigate this complaint.
The Council has responded to each of Mr X’s concerns during the complaints process and its response outlines future plans for the market. The Council’s response is adequate and proportionate. The Council is entitled to make decisions about the market and we cannot criticise it. There is therefore no worthwhile outcome achievable by investigating any matters we are not barred from looking at.
Mr X complains about the Council’s handling of his complaint. It is not a good use of our resources to investigate how a Council has handled a complaint if the substantive matter does not fall to be investigated. That is the case here.
Final decision
We cannot investigate Mr X’s complaint because the law prevents us from investigating the provision and operation of markets. We will not investigate part of Mr X’s complaint as there is no worthwhile outcome achievable.
Investigator's decision on behalf of the Ombudsman