Summary: Ms X complains about the time the Council has taken to investigate her business. She says this resulted in the business losing money and has caused upset to her and her staff. We discontinued our investigation on the basis there is so little we can achieve in the given circumstances, that carrying out an investigation is not justifiable.

The complaint

1. Ms X complained the Council has taken too long to conclude its Environmental Health investigation into her business. She says the Council’s delay caused her business to remain unnecessarily closed over a significant time. Ms X also complains the Council lied about the cause of delays, saying it was caused by the Health and Safety Executive, when the Executive say the delay was not due to its actions. She wants an explanation of the Council’s actions, which she says have caused financial detriment to the business and upset to her as the owner. She would like the investigation to be concluded.

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The Ombudsman’s role and powers

2. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Health and Safety Executive. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

4. I have considered information provided by the Council and Ms X, alongside the relevant law and guidance.
5. Ms X and the Council have had the opportunity to comment on a draft decision before this final decision was made.

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What I found

6. The Council began an investigation into issues relating to Ms X’s business in 2022. Ms X’s business was closed for approximately eight months during the investigation but has now re-opened. The investigation is ongoing and might lead to legal proceedings against the business.
7. The Council has told Ms X it is considering what further action it will take.
8. Because the Council might take legal action, we are restricted in what we can tell Ms X about what the Council has done, otherwise we might compromise any possible legal proceedings. So if I investigate I will not be able to clearly explain what the Council has or has not done. I am also concerned an investigation by us may compromise any legal action which may result.
9. In terms of what Ms X wants I cannot give the Council a deadline by which it must conclude its investigation, nor tell it what it should or should not explore in its investigation.
10. Given the very limited scope of what I can look at, and what an investigation could achieve, I am using my discretion not to carry out any further investigation.

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Final decision

11. I have discontinued my investigation on the basis that any outcome we can achieve here would not justify an investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman