The Ombudsman's final decision
Summary: We will not investigate X’s complaint about the Council’s handling of their Trading Standards complaint. This is because their injustice stems from the actions of the trader they complained about rather than those of the Council.
The complaint
The complainant, X, complains the Council failed to properly investigate their complaint about a local trader. They believe the trader provided inaccurate and misleading information about the cost of services, resulting in them paying £135 instead of £69.99.
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 may decide not to start an investigation if 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 X and the Ombudsman’s Assessment Code.
My assessment
Council trading standards teams have powers to investigate and prosecute traders who act contrary to legislation designed to protect consumers from unfair business practices. When members of the public report concerns the council will decide whether to investigate. If it decides to investigate, and if it considers the trader has acted unlawfully, it may take further steps against the trader and can prosecute them. But it will not intervene in disputes between traders and customers and does not provide a remedy for individuals who have been affected by unlawful practices.
In this case the Council has decided the information provided by the trader was not misleading and it has therefore declined to investigate X’s concerns. X believes the Council failed to properly consider the matter and says it has not complied with its enforcement policy. But we will not investigate this point further because it does not cause X significant injustice; X’s claimed injustice stems from the actions of the trader rather than those of the Council and this is a private civil matter between the two parties.
Whether further action is taken or not does not affect X personally and even if the Council did investigate and decide to prosecute this would not result in the refund of their payment.
Final decision
We will not investigate this complaint. This is because the Council’s actions have not caused X significant injustice.
Investigator's decision on behalf of the Ombudsman