Summary: We will not investigate this complaint about trading standards because further investigation would not lead to a different outcome and any remaining injustice is not significant enough to justify our involvement.

The complaint

1. Mr Y complained the Council failed to deal with their report of a rogue trader in a timely matter and were misled on the action the Council intended to take.
2. Mr Y say this has caused him upset and worry and they feel that the Council has failed to uphold the highest standards as the believes it should.

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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:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome. (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 Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s complaint response has agreed Mr Y did not receive the information he should have in a timely way. The Council has now confirmed its position, that it will not be progressing further with the complaint Mr Y made about a trader and that it is a civil matter, for which Mr Y can consider making a claim. The Council has apologised for the experience Mr Y had and had confirmed it has reviewed its own processes in order to make improvements.
6. While Mr Y may be disappointed by this outcome, it is proportionate to the injustice Mr Y suffered, and further investigation would not lead to a different outcome. Mr Y is now aware of the Council’s position on the matter, the Council has apologised and taken action to prevent recurrence of the issue. Further, any remaining injustice Mr Y has had would not be considered significant enough to justify investigation. Consequently, we will not investigate.

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Final decision

7. We will not investigate Mr Y’s complaint because further investigation would not lead to a different outcome and any remaining injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman