Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action in relation to a Trading Standards case. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, complains about the Council’s decision not to further investigate and take legal proceedings in connection with his complaint concerning copyright breaches.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. 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 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, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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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.

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My assessment

6. Mr X contacted the Council about continued breaches of copyright law against which he wanted it to take enforcement action.
7. The Council investigated matters but decided not to take further action. In response to Mr X’s complaint about this matter, the Council explained it does not investigate or take further action against every allegation of a breach of the law. It explained each case is considered on its merits in line with its enforcement and prosecution policy and set out the action Mr X could take himself.
8. While Mr X may well be disappointed with the Council’s decision not to take further action in his case, this is a decision it is entitled to make and its merits are not open to review by the Ombudsman. We do not act as a point of appeal and we cannot question the professional judgement of officers who are charged with deciding what priority to give cases and which to pursue.

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Final decision

9. We will not investigate Mr 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