Summary: Mr D complained how the Council handled a trading standards investigation. We have discontinued our investigation into Mr D’s complaint as the Council has not completed its trading standards investigation. If Mr D is not happy after the conclusion of the Council’s investigation, he can make a new complaint to the Ombudsman.

The complaint

1. Mr D complained how the Council handled a trading standards investigation. He says it has failed to communicate with him properly and the investigation has taken too long. He says the matter has caused distress and upset and he has had to pay to employ a solicitor.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I considered information from Mr D and the Council.
4. Mr D and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. The Council contacted Mr D and said it had received a complaint about building work he had completed. It said it was investigating the matter.
6. Mr D is unhappy about the length of time the investigation is taking. He also says the Council has failed to communicate with him properly.
7. The Council’s investigation is active and ongoing. Until the investigation is complete, we cannot meaningfully quantify any injustice caused by the alleged fault. Our involvement at this stage could also delay matters further as it is likely to involve the same officers that are investigating Mr D.
8. If Mr D remains dissatisfied once the Council has completed its investigation, he can return to us within 12 months of receiving the outcome and ask us to consider his complaint again. However, if the Council decides to prosecute him and take him to court, it is unlikely we will have any jurisdiction to investigate the matter further.

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Final decision

9. I have discontinued my investigation to allow the Council to complete its trading standards investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman