West Sussex County Council (23 012 092)
Category : Environment and regulation > Trading standards
Decision : Closed after initial enquiries
Decision date : 29 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about Council’s response to his concerns about his neighbour running a business from home. This is because there is not enough evidence of fault by the Council.
The complaint
- The complainant, Mr X, complains the Council’s Trading Standards department has failed to respond properly to his report of illegal business activity at his neighbour’s property.
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 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- Mr X reported his concerns about his neighbour’s business to the Council’s Trading Standards department on the advice of his MP. Trading Standards have advised him that his neighbour’s actions do not breach any Trading Standards legislation and it will not therefore take any further action.
- Mr X believes the Council is incorrect and that his neighbour’s actions amount to an offence in law, but he has provided no evidence in support of his assertion.
- Mr X should bear in mind that Trading Standards enforces only specific legislation and would not be expected to advise whether his neighbour’s actions amount to an offence under any other legislation.
- Unauthorised use of a residential property for business purposes may amount to a breach of planning control and may also give rise to potential issues of antisocial behaviour and nuisance, all of which would be a matter for the local district or borough council.
- But I have seen no evidence to show the approach of Trading Standards in this case is incorrect.
Final decision
- We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman