Summary: We will not investigate this complaint about the Council’s response to Mr X’s complaint concerning a firm of estate agents he used. This is because there is no evidence to suggest fault affected the Council’s decision to take no enforcement action against the firm.

The complaint

1. The complainant, who I refer to as Mr X, says the Council has acted with fault in deciding to take no action against a firm of estate agents he had made a complaint about. He also complains about the way the Council handled his case and its refusal to pay him compensation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. 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.

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How I considered this complaint

4. I considered information provided by Mr X, including the Council’s response to his complaint.
5. I considered the Ombudsman’s Assessment Code.
6. I gave Mr X the opportunity to comment on my draft decision.

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My assessment

7. Councils have discretion on trading standards cases as to whether, and to what extent, to investigate a particular complaint. Their decisions are taken in the general interests of the public rather than in the interests of individual complainants.
8. We are not an appeal body and it is not our role to question decisions made by councils if they have followed the right procedures and considered the relevant evidence and information.
9. The Council considered Mr X’s case and the information he provided, including that from a number of other agencies Mr X involved. However, having done so, it decided it would take no further action. This is a decision the Council is entitled to make and it is not evidence of fault.
10. Mr X has also complained about the way the Council handled his complaint but we will not generally investigate complaint handling when we are not investigating the substantive issue.

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Final decision

11. We will not investigate this complaint. This is because there is no evidence to suggest fault affected the Council’s decision to take no enforcement action against the firm.

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Investigator's decision on behalf of the Ombudsman