Summary: We will not investigate this complaint about the Council’s Trading Standards Service’s response to an accident involving an A Frame tow bar. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, says the Council’s Trading Standards Service failed to properly investigate a company who sold her an A Framed tow bar which subsequently failed and led to her vehicle becoming detached from the tow bar causing an accident.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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

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

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My assessment

6. Ms X complained to the Council about its limited response to an accident caused when her A-Frame tow bar became detached from her vehicle.
7. The Council explained the role of its Trading Standards Service and that of the DVSA in considering any potential offences. It said that due to statutory time limits following the 10 years that had passed since Ms X had purchased the tow bar, it could not investigate her individual case. However, it advised her that, in conjunction with the DVSA, it was assessing the current marketed product.
8. While Ms X may be disappointed with Trading Standards response in her case, it is not our role to act as a point of appeal. We cannot question decisions councils make if they have followed the right steps and considered the relevant evidence and information. I have seen no evidence to suggest fault affected the Council’s decisions.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman