Summary: We will not investigate this complaint about how the Council considered Mr X’s report of illegal business practices. Further investigation would not lead to a different outcome, and no worthwhile outcome is achievable by our involvement.

The complaint

1. Mr X complained about how the Council considered his reports about a business acting unlawfully. Mr X’s concerns were about how the business had charged him for work it carried out.
2. Mr X also complained about how the Council handled his complaint.
3. Mr X said the matter caused distress.

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The Ombudsman’s role and powers

4. 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:

• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X made a report to the Council about the practice of a business. Mr X said the business charged too much for the service it provided him, did not give him notice of the charges and communicated with him aggressively.
8. In its complaint response, the Council said it considered Mr X’s report but decided not to take enforcement action. It said enforcement action requires significant evidence of wrongdoing by the business. However, Mr X’s concerns are primarily about the cost of work the business completed.
9. The Council also said it contacted the business and reminded it about its legal obligations, which it accepted. It said it recorded this contact and it will be considered if it receives any other concerns about the business.
10. Further investigation by the Ombudsman would not achieve a different outcome here. The Council has set out its position and explained why it does not consider enforcement action to be proportionate. Although I acknowledge Mr X’s dissatisfaction with this outcome, the Council’s approach appears to have been proportionate.
11. Also, there is no worthwhile outcome achievable by our involvement. The Ombudsman cannot tell the Council it should take enforcement action against the business, which is part of Mr X’s desired outcome.
12. As we will not investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint because it is not proportionate to do so.

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Final decision

13. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome and there is no worthwhile outcome achievable by our involvement.

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Investigator's decision on behalf of the Ombudsman