Summary: Mr X complains the Council’s Trading Standards declined to investigate his complaint about mis-selling. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains the Council’s Trading Standards has ignored a blatant case of mis-selling which he reported and wants investigated.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complained to the Council about its failure to act on the report of mis-selling he had made. The Council explained Trading Standards is a criminal enforcement agency and does not give advice or opinions to consumers about their individual complaints. It said any information received is processed and assessed in accordance with its priorities with resources targeted where they will have the greatest impact on the community. It confirmed that the details of Mr X’s case had been sent to Trading Standards to be considered along with any other intelligence received.
7. While Mr X may be disappointed with the outcome of his report of mis-selling and the Council’s response to his complaint, it is not our role to act as a point of appeal. We cannot question council decisions if the right steps have been followed and the relevant evidence and information considered. It is for the Council to decide which cases to investigate in accordance with its priorities and there is no evidence to suggest fault affected the decision in this case.
8. There was delay by the Council in addressing Mr X’s complaint and in advising him of the next stage of the complaints procedure, but we will not investigate complaint handling when we are not investigating the substantive issue.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman