Summary: We cannot investigate Mr X’s complaint that the Council failed to deal with his report that he was mis-sold a market pitch. This is because his complaint does not concern an administrative function of the Council.

The complaint

1. Mr X complains that he was mis-sold a pitch at a market. He says the Council has failed to investigate the matter and failed to properly respond to his complaints.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) 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. I cannot investigate Mr X’s complaint. The market in question is run by a private company and is not done so on behalf of the Council. The company is therefore not carrying out an administrative function on behalf of the Council. The law therefore prevents us from considering the matter.
7. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

8. We cannot investigate Mr X’s complaint because it does not concern an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman