Summary: We will not investigate this complaint about the Council’s failure to respond to Mr X’s request for action by its Trading Standards Team and about its complaint handling. This is because neither the fault by the Council nor the injustice caused to Mr X is sufficient to warrant an investigation.

The complaint

1. The complainant, who I refer to as Mr X, complains the Council’s Trading Standards Team failed to properly respond to his communication seeking advice and action in connection with businesses which he said had not complied with the Companies Act 2006. He also complains about its handling of his complaint about these matters.

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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 impact 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

5. Mr X contacted the Council’s Trading Standards Team in 2018 to request it take action against businesses who he said were in breach of the Companies Act 2006 and whose actions were impacting on his business. The Council replied to explain the role of its Trading Standards service and why it would not be taking the action requested by Mr X.
6. In 2021 Mr X contacted the Council again about the same matter and it repeated its position and confirmed it would not be taking the action requested by Mr X. It explained it prioritised consumer protection and that it would not be taking action for the commercial benefit of Mr X’s business.
7. There was delay by the Council in responding to communication from Mr X in 2021 and in addressing his complaint through its complaints procedure. However, neither this fault nor the injustice caused to Mr X is sufficient to warrant an investigation by the Ombudsman. Mr X had been given the relevant information in 2018 and this was repeated to him in 2021.

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Final decision

8. We will not investigate Mr X’s complaint because neither the fault by the Council nor the injustice caused to Mr X is sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman