Summary: We will not investigate this complaint about the failure of the authority to investigate Mr X’s complaint or provide feedback. There is not enough evidence of fault in the Authority’s actions to justify an investigation.

The complaint

1. Mr X complains the Authority failed to investigate his complaint about a business. He also says it failed to provide him with information or feedback.

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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 there is not enough evidence of fault to justify investigating.

(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 Mr X and the Authority.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained about a business. The Authority received the complaint via the Citizen’s Advice Consumer Helpline (CACH).
6. The Authority confirms the CACH advised the complaint was anonymous and that no commitment had been given to contact the complainant.
7. A Duty Officer reviewed the complaint. They noted the issue raised mainly civil matters, that it was anonymous and there was no commitment to contact the customer. They also established that no other complaints had been received about the business in the last six years. The complaint therefore did not meet the threshold for criminal investigation and was closed with no further action.
8. The Authority’s website states:

“If you are a consumer or business in West Yorkshire and have a complaint about a company that provides goods and/or services, please contact the Citizens Advice Consumer Helpline (for contact details click here). Our partners at the Citizens Advice Consumer Helpline will offer you initial advice and as your local Trading Standards service, we then receive details of all complaints made by West Yorkshire residents and businesses.”

“Following the National Trading Standards Board Intelligence Operating Model, we will then look to address the issues that cause the highest levels of detriment to consumers and businesses. In deciding which cases to investigate, we also take into consideration:

• The amount of money involved, and the number of consumers or businesses affected by the practice.
• The vulnerability of the consumers targeted.
• The level of risk to safety, public health and wellbeing.
• The previous history of the business in question.”

9. There is no evidence the Authority failed to follow the above process before deciding not to take any action on Mr X’s complaint.
10. The information provided to the Authority by the CACH stated the complaint was anonymous. Therefore there is no evidence of fault in the Authority not providing feedback to Mr X.

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Final decision

11. We will not investigate Mr X’s complaint because is not enough evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman