Summary: We cannot by law investigate this complaint about the Council’s trading standards investigation into the complainants’ business affairs. This is because the issues raised are subject to court action and an ongoing investigation by policing bodies. We have no jurisdiction to investigate in these circumstances.

The complaint

1. The complainants (Mr and Mrs Q) complain about the Council’s trading standards investigation into their business affairs. They say the Council’s investigation, which concerns alleged criminal offences, is not being undertaken in a proportionate and balanced way.
2. In summary, Mr and Mrs Q say these failings are impacting on the timeliness of the investigation. They further explain the investigation has resulted in a restraining order being placed on their property. As a result, Mr and Mrs Q say they are unable to sell the property in order to pay creditors. They add that this is causing them to suffer from mounting debt which is seriously affecting their health and wellbeing. As a desired outcome, Mr and Mrs Q wants the Council to end its investigation and remove the restraining order placed on their property.

Back to top

The Ombudsman’s role and powers

3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended).
4. We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended).

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Council and Mr and Mrs Q all acknowledge the complaint concerns an ongoing investigation into alleged criminal offences which is subject to police involvement and court proceedings. Only a court can order, vary or discharge a restraint order in respect of property and what happens is dependent on the ongoing investigation by relevant policing authorities. We have no jurisdiction to investigate on this basis. We also have no powers to intervene on a criminal policing matter, or to instruct the removal of the restraint order. The restrictions I outline at paragraphs three and four (above) apply.

Back to top

Final decision

7. We cannot by law investigate this complaint because the issues raised are subject to court action and an ongoing investigation by policing bodies.

Back to top

Investigator's decision on behalf of the Ombudsman