Summary: Mr N complains the Council refuses to prosecute a company who carried out poor quality work for him. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

The complaint

1. Mr N complains the Council’s Trading Standards Department will not prosecute a company who carried out electrical work at his property.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr N and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr N employed a company to rewire his property. He says the work was not completed to the required standard. He also said the company had advertised as being registered with a certificating body when it was not.
6. Mr N complained to the Council’s Trading Standards Department about the company.
7. The Council says it decided not to investigate the company because:
• It has resolved an issue with the company logo
• It has received no other complaint about to company
• Mr N has been given advice should he wish to take legal action against the company
• The complaint does not meet the threshold for formal investigation of the company
8. Dissatisfied with the Council’s response, Mr N complained to the Ombudsman.
9. Mr N has been affected by the actions of the company he engaged to carry out electrical work at his property.
10. However, the Council considered his complaint and decided not to take further action, explaining this to Mr N. This is a decision the Council is entitled to make and the merits of it are not open to review by the Ombudsman.

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Final decision

11. We will not investigate Mr N’s complaint because we are unlikely to find fault in the Council’s actions leading to its decision not to prosecute the company.
12. Also, any injustice Mr N has suffered stems from the actions of the company not the Council.

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Investigator's decision on behalf of the Ombudsman