Summary: We cannot investigate this complaint about trading standards because we cannot investigate a complaint about what happened in court and the issues could reasonably be or have been mentioned as part of legal proceedings regarding a closely related matter.

The complaint

1. Mr Y complained the Council failed to properly investigate his complaint and wrongly refused to investigate his complaint further because the seller of a vehicle he purchased was a private individual and his complaint was out of time.
2. Mr Y says the Council’s decision was incorrect and this has met he has had to pursue the seller in a private civil litigation matter at great cost. He also says the seller is using the Council’s decision not to investigate against his claim in court. He also says he has lost confidence in the Council’s service.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr Y complained the Council failed to properly investigate his complaint and wrongly refused to investigate his complaint further because the seller of a vehicle he purchased was a private individual and his complaint was out of time.
7. Mr Y believes the seller sold him a vehicle which was unroadworthy. Mr Y believes the MOT centre, which had completed a MOT test in the days just before he bought the car, did so fraudulently. He reported both issues to the Council’s trading standards.
8. Mr Y has told us he has begun a civil litigation claim and has told us the seller and the MOT centre is using the Council’s assessment of Mr Y’s complaint to trading standards as part of their defences against his legal action; undermining his legal position. Mr Y says this resulted in a significant cost to him.
9. As Mr Y has started court action about the matter of the allegedly fraudulent MOT testing and subsequent sale of the vehicle in an unroadworthy condition, and documentation which provides the decision of the Council not to investigate is part of those proceedings, we cannot investigate.
10. Further, Mr Y’s complaint about the allegedly incorrect decision made by the Council, and its alleged failure to consider his complaint properly can reasonably be raised with the court as part of the proceeding. Therefore, we will not investigate.

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Final decision

11. We will not investigate Mr Y’s complaint because we cannot investigate a complaint about what happened in court and the issues could reasonably be or have been mentioned as part of legal proceedings regarding a closely related matter.

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Investigator's decision on behalf of the Ombudsman