Summary: We will not investigate this complaint about a decision by the Council’s Trading Standards not to pursue action against a company. This is because there is insufficient evidence of fault.

The complaint

1. Mrs X complains about a decision by the Council’s Trading Standards not to pursue action against a company that sells horse feed. Mrs X feels she has provided evidence that shows that the feed contained materials that caused harm to her animals and that the Council has failed to properly investigate this matter.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

5. Mrs X believes that horse feed that she brought contains material that has harmed her animals. She arranged her own analysis of the feed which says supports her claims. She asked the Council’s Trading Standards to investigate the matter and the Council opened an investigation and arranged for the feed to be tested.
6. Before reaching its decision that no further action would be taken the Council considered the analysis of the horse feed test. It also spoke with the producer of the feed, obtained a formula, and considered if any other concerns had been raised with the Council which they had not.
7. I will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council. It has fully considered relevant information before reaching its decision not to pursue the matter further and provided a detailed explanation to Mrs X. While Mrs X may well be disappointed with the Council’s decision not to take further action in his case, this is a decision it is entitled to make and its merits are not open to review by the Ombudsman. We do not act as a point of appeal, and we cannot question the professional judgement of officers.

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Final decision

8. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman