Summary: We will not investigate this complaint about the Council’s decision not to prosecute a local trader. This is because the Council’s actions did not cause the complainant significant injustice. Also, we cannot achieve the outcome the complainant wants, which is to force the Council to prosecute the trader and pay the complainant financial compensation.

The complaint

1. The complainant, Mr X, complains the Council failed to adequately investigate his complaint about the decision of trading standards not to prosecute a rogue trader.
2. Mr X wants the Council to conduct a criminal investigation and prosecute the named trader. He also wants financial compensation for the Council’s ‘lack of empathy’ towards him.

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The Ombudsman’s role and powers

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
• any fault has not caused injustice to the person who complained, 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 says the ineffectiveness of the Council to properly investigate his report of the actions or prosecute a rogue trader makes him feel unsafe and disillusioned with the justice system and he is out of pocket.
7. However, any financial loss is because of the actions of the trader, not the Council. Trading Standards can investigate alleged breaches of consumer protection legislation, but they cannot provide a remedy for claims of financial loss or damage.
8. The Council says it has reviewed the information provided by Mr X. It also says it has interrogated the Citizens Advice Bureau and National Intelligence databases. It confirms the evidence it has seen does not meet the level required to mount a successful criminal prosecution. Having reviewed the information provided and taken other steps, this is a decision the Council is entitled to make. We cannot achieve the outcome Mr X wants which is require the Council to conduct a criminal investigation into the trader and hold them to account, which I assume would be to pursue a criminal prosecution against them

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council’s decision not to conduct a criminal investigation or prosecution. I appreciate Mr X is dissatisfied with the Council’s decision not to prosecute the trader. However, this does not directly or significantly affect him. Finally, we cannot achieve the outcome Mr X is seeking.

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Investigator's decision on behalf of the Ombudsman