Summary: We will not investigate Miss X’s complaint about the Council’s actions in relation to her market stall. This is because we could not add to any previous investigation by the Council.

The complaint

1. Miss X complained the Council did not support her properly after becoming a market tenant. She also said it did not protect her from bullying from other market traders and treated traders differently. Miss X stated that this had a negative impact on her mental health, finances, business and confidence. She would like the Council to acknowledge their wrongdoing and provide compensation.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Miss X ran a market stall under a license granted by the Council. She complained to the Council in spring 2025 about how it had treated her as a stallholder.
6. The Council stated in its complaint response that it did provide support to Miss X when she first became a stallholder. It also explained how Miss X could ask for more support.
7. The Council acknowledged Miss X’s concerns about other stallholders being treated differently. The Council stated in its complaint response that it had granted extra trading space to a small number of stallholders for a limited time. It confirmed that any permanent change to stallholder arrangements would need formal agreement and be subject to standard fees. The Council also explained that Ms X was allowed to diversify the services she offered on her stall, but that these must be secondary to her main stall offering under her licence terms. It said it could not share information about other stall holder’s licences.
8. The Council considered Miss X’s complaint about incidents of bullying. One incident was reported and managed by the Council Market Team; it said it had not received any further reports. The Council offered to investigate any further concerns about bullying and stated that it was updating its Code of Conduct policy for stallholders which would include a zero tolerance approach to bullying.
9. In its complaint response, the Council apologised to Miss X for allowing an electrician to access her stall to carry out requested maintenance work while she was not there. The Council stated that it would get written consent, and provide stallholders with adequate notice for future contractor works.
10. Miss X complained to the Council about the proposed location for her stall in draft plans for a new market. The Council confirmed in its complaint response that arrangements for the new market had not yet been finalised and encouraged Miss X to speak with the Market Team about her needs.
11. We will not investigate Miss X’s complaint about the Council. The Council has provided a comprehensive response to Miss X’s concerns. It reviewed correspondence, consulted with its Market Team and Security Contractor. It referred to relevant legislation and internal policies. I am satisfied that it fully considered Miss X’s complaint; we would not be able to add to the investigation the Council has already undertaken.
12. Additionally, the Council apologised to Miss X for electrical works taking place in her absence and set out what improvements it plans for its policies and communication with stallholders. Further investigation would not lead to a different outcome.
13. Miss X wants the Council to provide compensation for the impact on her business. The Ombudsman cannot award compensation for financial loss relating to her business, that is a matter for the courts.

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Final decision

14. We will not investigate Miss X’s complaint because we could not add to the previous investigation by the Council.

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Investigator's decision on behalf of the Ombudsman