The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to introduce additional licensing for Houses in Multiple occupation in its area. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Miss X complained about the Council’s introduction of an additional licensing scheme for Houses in multiple Occupation (HMO) in her area. As a landlord she says she will face extra expense of fees, certification and any required works.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X is a private landlord who owns property in the Council’s area which it has decided will be subject to an Additional Licencing Scheme for HMOs. The Council already operates a mandatory licensing scheme which will operate for five years.
Miss X complained about the addition cost burden on landlords of properties such as her own. The Council carried out significant consultation in 2020 which is required by any authority using discretionary powers to introduce additional licensing under s.56 of the Housing Act 2004.
When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members. This means we will not intervene in disagreements about the merits of decisions. Although Miss X may be dissatisfied with the Council’s decision, there is no evidence that this did not follow the proper procedure.
Final decision
We will not investigate this complaint about the Council’s decision to introduce additional licensing for Houses in Multiple occupation in its area. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman