Summary: The Ombudsman cannot investigate this complaint about the conduct of an active trading standards investigation. This is because we cannot investigate a complaint about the commencement or conduct of criminal proceedings before any court of law. Nor can we investigate action taken by or on behalf of any police authority in connection with the investigation or prevention of crime.

The complaint

1. Mrs X complains about the conduct of the Council’s investigation into the former business operated by her and her husband.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate:
• the commencement or conduct of civil or criminal proceedings before any court of law.
• Action taken by [or on behalf of] any [local policing body] in connection with the investigation or prevention of crime.

(Local Government Act 1974, Schedule 5, paragraph 2), as amended)

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How I considered this complaint

4. I considered the information provided by Mrs X and the Council.

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What I found

5. Mrs X complains about the methods used by the Council during its investigation of the business of which her husband is a former director. This includes warrants, arrests, raids and interviews under caution. And the length of time the investigation is taking. She says this has gone on for some years and has caused financial loss, stress and hardship.
6. The Council confirms there is an active ongoing investigation.

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Final decision

7. I cannot investigate this complaint. This is because of the restrictions in place outlined in paragraph 3 above.

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Investigator's decision on behalf of the Ombudsman