Summary: We will not investigate this complaint about trading standards because there is not enough evidence of fault to justify investigating.

The complaint

1. Miss Y complained the Council failed to investigate her complaint about trading standards despite several individuals having raised the same complaint about the same trader.
2. Miss Y says she has been caused distress and worry.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
4. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. This Council has a joint service, alongside four other councils which provides trading standards services on its behalf. Following Miss Y’s complaint about the trader, the Council said its criteria for investigation had not been met and therefore, while it would include her complaint for its intelligence database, it would not investigate.
7. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
8. In this case, the Council considered the information Miss Y had provided, the number of complaints received, the value of the impact financially and the vulnerability of the victims. It also informed Miss Y of her civil rights to take the matter to court herself. It then decided that as its criteria for action had not been fulfilled, it would not take the matter further.
9. While Miss Y may disagree with the outcome, as the Council considered relevant factors in line with its policy before forming its view, there is not enough evidence of fault in the decision-making process to justify investigation. We will not investigate.

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Final decision

10. We will not investigate Miss Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman