Summary: We cannot investigate Mr X’s complaint about the Council’s advice to a trader with whom he was in dispute. This is because the Council provided its advice as part of a private commercial contract with the trader, rather than under as part of a government administrative function. In any event, the injustice Mr X claims stems from the actions of the trader rather than the advice provided by the Council.

The complaint

1. The complainant, Mr X, complains about advice provided by the Council’s Trading Standards team to a trader with whom he is in dispute. He says this has prevented him from rejecting a failed purchase as he believes is his right under consumer protection legislation.

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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)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot investigate complaints about matters which are not subject to investigation under Section 26 of the local Government Act 1974. This includes complaint about a council’s actions which are not in connection with the exercise of its administrative functions. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

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

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My assessment

5. The Council provided advice to the trader under a commercial business contract; its duty in this transaction was to the trader rather than Mr X. Because this was a private arrangement governed by a contract we could not say the provision of the advice related to a local government administrative function and any complaint about it therefore falls outside our jurisdiction as set out at Paragraph 3 above.
6. However, even if we could investigate we would not do so. This is because the Council’s advice to the trader concerned their responsibilities under relevant consumer protection legislation and it was ultimately the trader’s choice as to how to deal with their dispute with Mr X. If the Council’s advice to the trader was correct then it would not be fault and there would be no significant injustice to Mr X. If the Council’s advice to the trader was wrong then Mr X’s remedy for the underlying dispute remains against the trader. The trader has also told Mr X it is a member of an Ombudsman scheme so if Mr X is unhappy with their actions Mr X may wish to complain to the scheme about them.

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Final decision

7. We cannot investigate this complaint. This is because we have no power to investigate the Council’s advice given to the trader on a private commercial basis and the injustice Mr X claims stems from the trader’s actions rather than the Council’s advice.

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Investigator's decision on behalf of the Ombudsman