Summary: We will not investigate Mr X’s complaint about the Council’s decision not to pursue action against a company under its Trading Standards function. This is because the Council’s decision does not cause Mr X significant injustice.

The complaint

1. The complainant, Mr X, complains the Council failed to take action against a company for alleged unlawful trading practices. He suggests the issue affects his clients, which are other companies in the same industry.

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The Ombudsman’s role and powers

2. 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. The Council’s decision not to take action against the company does not cause Mr X significant personal injustice. While he suggests it affects his clients he has not named these clients and any impact on their business is highly speculative and not something we can provide a remedy for.

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Final decision

5. We will not investigate this complaint. This is because the Council’s decision does not cause Mr X significant injustice.

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Investigator's decision on behalf of the Ombudsman