Summary: We will not investigate this complaint about the Council’s consideration of a House in Multiple Occupation licence. There is insufficient evidence of any significant injustice which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to acknowledge and process his licence application for a House in Multiple occupation (HMO) which he owns. He says he suffered distress and anxiety from not knowing whether his property was still legal and if he may be fined if he continued to operate without a valid licence.

Back to top

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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation.

Back to top

How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X says he applied for a renewal of his HMO licence for a property he owns in September 2023. He had difficulty completing the online application and although he paid the Part A fee, he could not receive an acknowledgement from the Council. Mr X contacted the Council but could not receive conformation of his payment or whether his application had bene entered to the system.
6. The existing licence expired on 30 October and Mr X complained to the Council before this about his concerns. When he did not receive a satisfactory response, he complained to us.
7. We made enquiries of the Council and it confirmed that there had been problems with its online licencing process. However, it wrote to Mr X and confirmed his payment and the application procedure. It told him that his property was still considered to be licenced until the renewal process was completed and that no enforcement could take place in this period. The Council says it will inspect Mr X’s property shortly as the second part of the licensing procedure.
8. Mr X did not receive confirmation of his application and payment for several weeks after the licence was due to expire. This caused him some concern although he had previously applied for a licence so he must have had some knowledge of the two-part process. The Council has apologised for the problems using its online system and this is a satisfactory response.
9. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter. There is insufficient evidence of any significant injustice which would warrant an investigation.

Back to top

Final decision

10. We will not investigate this complaint about the Council’s consideration of a House in Multiple Occupation licence. There is insufficient evidence of any significant injustice which would warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman