Summary: We will not investigate Ms X’s complaint about the Council’s handling of her concerns about a local builder. This is because there is not enough evidence of fault by the Council and the Council’s decision does not cause Ms X significant injustice.

The complaint

1. The complainant, Ms X, complains the Council failed to take action against a rogue builder she reported to its Trading Standards department. She says she has lost tens of thousands of pounds as a result of the builder’s actions.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
6. I understand Ms X is unhappy the Council decided not to prosecute the builder but it is under no duty to take such action and its decision does not directly or significantly affect Ms X. Prosecution by the Council is a punitive step and would not result in any personal remedy for Ms X. Ms X says the builder has offered to refund her money and if she is not happy with this she may wish to seek legal advice about making a claim against them through the courts.
7. Ms X is also unhappy with the way the Council dealt with her complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

8. We will not investigate this complaint. This is because Ms X’s injustice stems from the actions of the builder rather than the Council’s decision not to prosecute them. If Ms X is not happy with the remedy offered by the builder she may wish to make a claim against them through courts.

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Investigator's decision on behalf of the Ombudsman