Summary: We will not investigate Mr X’s complaint about a trading standards matter. This is because there is not enough evidence of fault by the Council and we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complains the Council did not take his trading standards complaint seriously and failed to investigate his concerns. He wants the Council to reopen his case and investigate the matter further.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Mr X instructed a local trader to carry out works to his property. He says the works were not successful and although the trader offered to come back Mr X instead wanted a refund.
6. Mr X reported his concerns about the trader to Citizens Advice and they referred the matter to the Council using the information Mr X provided.
7. The Council contacted Mr X about the issue but became aware that the work Mr X was complaining about took place within another local authority’s area so it had no jurisdiction to investigate. It also explained to Mr X that any dispute over the standard of work carried out by a private business is a matter for the courts, rather than for trading standards.
8. Mr X was not happy with the Council’s responses and claims the officer discriminated against him. But there is no evidence to show any discrimination by the Council or any fault in its decision not to pursue the matter.
9. The issue Mr X has raised is a private civil matter between himself and the trader and not a matter for Wirral Metropolitan Borough Council in any event. We could not therefore achieve any worthwhile outcome for Mr X by investigating the complaint further as we cannot compel it to take any action against the trader or obtain a refund of their fees.

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Final decision

10. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and we could not achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman