Cumbria County Council (19 004 741)
Category : Environment and regulation > Trading standards
Decision : Closed after initial enquiries
Decision date : 20 Aug 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about how the Council has responded to the complainant’s concerns about a builder. It is unlikely he would find evidence of fault by the Council.
The complaint
- The complainant, who I refer to here as Mr C, has complained the Council will not take action against a builder who carried out roofing work at his home. Mr C believes the work is unsatisfactory.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
- We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered what Mr C said in his complaint and background information provided by the Council. Mr C commented on a draft before I made this decision.
What I found
- The role of the Council’s Trading Standards department is law enforcement, not to act in civil disputes between citizens and businesses.
- Mr C complained to the Council about a builder who had carried out roofing work at his home. Mr C believes the work is sub-standard and the builder should give him a refund or provide a new roof.
- The Council has considered Mr C’s concerns. It has advised Mr C the issue is a civil matter between him and the builder. It is not the Council’s role to seek a remedy for Mr C in such a matter.
Final decision
- I have decided we will not investigate this complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman