Summary: We will not investigate Mr X’s complaint about the actions of the Council’s Trading Standards. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains about how the Council’s Trading Standards dealt with reports that poor workmanship led to the death of his father. Mr X is dissatisfied with the outcome of the investigation carried out by the Council and wants it to take enforcement action against those involved.

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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 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))
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council opened an investigation into the company that was asked to carry out work to Mr X’s father’s property and the individual for whom the work was contracted out to.
7. The Council concluded that there was insufficient evidence to lay charges against the company asked to carry out the work, as the company would have a reasonable defence that it had carried out due diligence.
8. The Council said it could not lay charges against the person who was contracted to carry out the work because they were not contactable by telephone and no longer living at his last known address. The Council has added the person’s name to a national intelligence database to be shared with other Trading Standards Teams.
9. I will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council. It has fully considered relevant information before reaching its’ decision not to pursue the matter further and provided a detailed explanation to Mr X. While Mr X may well be disappointed with the Council’s decision not to take further action in his case, this is a decision it is entitled to make, and the merits of that decision are not open to review by the Ombudsman. We do not act as a point of appeal, and we cannot question the professional judgement of officers in the absence of fault.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman