The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of matters relating to a Trading Standards complaint raised by Mr X. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
The complainant, who I refer to as Mr X, complains about the Council’s handling of matters relating to a Trading Standards complaint he raised.
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) We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X made an earlier complaint to us about the Council’s handling of a Trading Standards complaint. We did not uphold the complaint. However, the Council agreed to review its decision on the trader Mr X had complained about and view video footage provided by Mr X.
The Council reviewed the footage but advised Mr X that it would not change its earlier decision that it would not bar the trader from its Buy with Confidence scheme.
Mr X complained to us again following the Council’s review of the video footage, stating that in his view the trader should be barred from the scheme or at least given a warning and monitored.
The Council reviewed the video footage as it said it would, but it decided it would not change its earlier decision about the trader. Mr X disagrees with this decision, but it is the Council’s and not Mr X’s or the Ombudsman’s to make. We cannot question decisions taken by councils when they have followed the right steps and considered the relevant evidence and information. I have seen no evidence to suggest fault affected the Council’s decision here.
Mr X says he wants an undertaking from the trader that he will not carry out threats made to a family member. This is a matter for the police and the family member can report any threats made against them to the police.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman