Summary: We will not investigate this complaint about trading standards. We are unlikely to find fault with the Council.

The complaint

1. Mr X complains the Council refused to investigate his trading standards complaint. He says he has spent thousands of pounds because he was misled by a company in the Council’s area, and so the Council should investigate his concerns.

Back to top

The Ombudsman’s role and powers

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))

Back to top

How I considered this complaint

2. I considered information provided by the complainant and the Council.
3. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

4. Mr X lives outside the Council area and he paid thousands of pounds for the services of a local trader. Mr X says the local trader did a poor job, and he had to spend further thousands correcting it.
5. Mr X says he found the trader through an online directory, whose offices are based in this Council’s area. Mr X says the trader was falsely advertised and reviewed, and the website should be investigated by the Council.
6. The Council refused to investigate Mr X’s complaint, on the grounds that both he and the trader lived in a different area. The Council communicated with its counterparts in his area, who are now investigating his complaint.
7. We are unlikely to find fault with the Council for refusing to investigate the complaint. It is for the trader’s local authority to investigate whether it has breached trading standards. This Council cannot investigate the directory without presuming the outcome of the ongoing investigation into the trader.
8. It is also the case the role of Trading Standards authorities does not include resolving consumer disputes of this kind. The only way for Mr X to recover his losses would be through the county court by making a civil claim. He may wish to approach his local Citizens’ Advice for more information about this.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find fault with the Council.

Back to top

Investigator's decision on behalf of the Ombudsman