The Ombudsman's final decision
Summary: We will not investigate this complaint about a decision by the Council not to investigate the work of a building sub-contractor who worked at Ms X’s home. This is because there is no evidence of fault by the Council.
The complaint
The complainant, who I refer to as Ms X, complains the Council’s Trading Standards Team failed to follow the terms and conditions of its own Buy With Confidence scheme when it did not investigate sub-standard work and poor customer service by a sub-contractor who worked at her home.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Council, including its response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X asked the Council’s Trading Standards Team to investigate the poor work and customer service provided by a firm of builders who had been hired as sub-contractors by the business she had contracted to carry out work in her home.
In addressing her complaint about various matters relating to her case, the Council explained there was no requirement for it to investigate subcontractors separately, as any work undertaken by subcontractors is the responsibility of the contractor. It referred Ms X to paragraph 7.1 of the Terms and Conditions of its Buy With Confidence scheme which states: “Businesses will at all times be fully liable and responsible for the actions and omissions of all subcontractors.”
Ms X referred to paragraph 2.18 of the Terms and Conditions which says subcontractors must abide by the scheme’s requirements but this is listed under Member Commitments which the business/contractor must follow.
I understand Ms X is disappointed that her complaint against the subcontractor was not separately investigated but I have seen no evidence to suggest fault affected the Council’s decision not to do so.
Final decision
We will not investigate Ms X’s complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman