Summary: We will not investigate this complaint about the Council’s investigation into the actions of a builder and its decision not to prosecute. This is because there is not enough evidence of fault by the Council. Also, Mrs X’s injustice is a result of the actions of the builder, rather than any fault by the Council.

The complaint

1. The complainant, I shall call Mrs X says the Council’s Trading Standards team has failed to investigate her complaint about the actions of a builder.
2. She says the builder has damaged her property and scammed her out of her life savings.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

6. Mrs X says Trading Standards has done nothing about the rogue trader who damaged her home and took her life savings.
7. The Council confirms during its investigation Officers spoke to:
• Mrs X
• the builder concerned
• the building control service
• the planning service
• the police; and
• the local county council’s trading standards team
8. Following its enquiries, the Council concluded it did not have enough evidence to prosecute the builder. This is a decision it is entitled to make.
9. The injustice Mrs X claims results from the actions of the builder, rather than those of the Council. Even if the Council had investigated further and prosecuted the builder this would have been in the general public interest, not on behalf of Mrs X. A successful prosecution by Trading Standards would not get Mrs X her money back.
10. If Mrs X wishes to pursue a claim for compensation or a refund it is for her to seek legal advice about making a claim against the builder in court. We could not provide a remedy for her losses or say the Council must prosecute the builder, even if we found fault in its trading standards investigation.

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Final decision

11. We will not investigate Mrs X’s complaint because the Council’s decision not to prosecute the builder for trading standards offences does not mean there was nothing wrong with the work he carried out for her. It only means the Council did not believe there was enough evidence for a criminal prosecution.
12. It is for Mrs X to take her own legal action against the builder for the claimed financial loss and injustice, rather than the Council.

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Investigator's decision on behalf of the Ombudsman