Summary: We will not investigate this complaint about the Council’s decision to terminate Mr X’s market trading licence. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about his market trading licence being terminated following a disagreement with market staff. He says the Council did not consider his appeal request.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

5. Mr X had a licence to use a market stall at a nearby town. After he had been using a different pitch to that allocated to him the market officers required him to use his allocated site. The Council says Mr X reacted in a way which was contrary to the rules of the licence for a stall. Mr X was told he has earlier I the day sworn at the staff and had used threatening or intimidating behaviour which was unacceptable. His licence was suspended pending an appeal outcome.
6. The appeal decision was delayed for some time which is why Mr X complained to us. The Council has recently apologised for the delay but has upheld the decision to terminate Mr X’s licence because his behaviour breached the market traders’ licence requirements. There is no further appeal.
7. When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about the merits of decisions. The Council is the market operator and enforces the terms of licences. It was satisfied Mr X had breached the terms of his licence and that the sanction was appropriate in the guidance for such a breach. Any delay in determining Mr X’s appeal did not affect the outcome which remained the same.

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Final decision

8. We will not investigate this complaint about the Council’s decision to terminate Mr X’s market trading licence. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman