Summary: We will not investigate Miss X’s complaint about the Council’s handling of concerns about a local trader. This is because the Council’s actions did not cause Miss X significant injustice. The injustice she claims stems from the actions of the trader and we could not hold the Council responsible for this or say it must reimburse Miss X for her loss.

The complaint

1. Mrs X complains the Council failed to protect members of the public and take action against a local trader who sold her a fault vehicle. She says the Council’s lack of action allows rogue traders to continue operating without consequence, damaging public trust. She wants the Council to take immediate action against the trader and reimburse her for her losses of nearly £2,000.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Council trading standards services investigate unfair trading and illegal business activity. They have powers to prosecute rogue traders but cannot provide personal remedies for those affected and will not prosecute traders unless there are good reasons.
6. Miss X is unhappy with the car she bought and has returned it to the trader, but the trader has refused to refund her money. This is a private civil matter between Miss X and the trader.
7. The Council confirms it has noted Miss X’s concerns about the trader on its database for intelligence purposes and this may lead to further action being taken against the trader in the future. But it has decided there are no good reasons to carry out an investigation now on the sole basis of Miss X’s report and I have seen no evidence of fault in the way it reached this decision.
8. We are not an appeal body and it is not for us to say the Council must investigate the trader against the professional judgement of its officers. We also cannot say the Council must reimburse Miss X for her losses and it has no formal powers to force the trader to refund her. We cannot therefore achieve any worthwhile outcome for Miss X by investigating this matter further.
9. If Miss X wishes to force a refund of her money she may wish to consider making a claim against the trader at court. But this is something that neither the Council, nor the Ombudsman, can assist with.

Back to top

Final decision

10. We will not investigate this complaint. This is because Miss X’s injustice lies in the trader’s refusal to refund Miss X’s payment and neither the Council nor the Ombudsman can provide a remedy for this. The Council has properly considered its role and powers under the relevant legislation and I have seen no basis for us to question its decision not to take further action against the trader at this time.

Back to top

Investigator's decision on behalf of the Ombudsman