Summary: We will not investigate this complaint about the Council’s delay in investigating Mr X’s trading standards complaint or the outcome of its investigation. This is because the complaint concerns events that took place more than 12 months ago and it would have been reasonable for Mr X to refer the complaint to us before now.

The complaint

1. Mr X complained that the Council delayed investigating his complaint about a trader who carried out some work for him. He also complained that the Council failed to conduct a proper investigation into the matter.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council in July 2022 about the actions of a trader who carried out some work for him between August 2021 and February 2022. He said he had evidence the trader had behaved illegally.
7. The Council decided the information Mr X provided warranted an investigation and the Council interviewed the trader under caution in February 2023. The Council concluded its investigation in September 2023 by issuing a simple caution.
8. Mr X complained to the Council in January 2024. He said the Council should have prosecuted the traders and did not carry out a full investigation into the issues raised. The Council said it sought legal advice in making its decision and could not disclose further information due to legal constraints.
9.  
10. Mr X then brought the complaint to the Ombudsman as he remained unhappy with the outcome and the Council’s delay in investigating his complaint.
11. The Ombudsman will not usually exercise discretion to investigate matters that took place more than 12 months ago unless there are good reasons to do so. In this case, the events Mr X is complaining about took place over 2 years ago and he first brought the matter to the Council’s attention at least as early as July 2022. It therefore would have been reasonable for Mr X to refer the matter to us sooner.
12. In addition, based on the evidence seen so far it is unlikely that exercising discretion to investigate the Council’s report and decision would result in a finding of fault on the Council’s part or result in the outcome Mr X seeks.

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Final decision

13. We will not investigate Mr X’s complaint because the complaint concerns events that took place more than 12 months ago; it would have been reasonable for him to refer the complaint to us before now.

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Investigator's decision on behalf of the Ombudsman