The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Ms X’s reports of unlicensed Houses in Multiple Occupation (HMOs) operating in her area. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Ms X complains there are HMO properties in her area which do not have a licence and against which the Council has not taken action. She says people living in these properties are responsible for anti-social behaviour and creating a hostile environment.
The Ombudsman’s role and powers
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))
How I considered this complaint
I considered information provided by the complainant, including the Council’s response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about its response to her reports of unlicensed HMOs operating in her area.
The Council responded to confirm that it had undertaken visits in relation to the four properties she had reported but that the case officer had decided that no further action was required.
It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. The Council investigated Ms X's concerns and having done so decided no further action was required. There is no evidence to suggest fault by the Council in the way it has dealt with this matter which warrants investigation.
Ms X says her area is suffering from anti-social behaviour, referring to various issues including dumped rubbish, noise from vehicles at night and parking problems whereby her access to a service road is blocked. These issues can be reported to the relevant Council teams which can then respond appropriately. If she is not satisfied with the response to any service requests she makes, she can make a formal complaint to the Council about these issues.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman