Summary: We will not investigate this complaint about how the Council dealt with an application for a street trading licence. This is because doing so would not lead to a different outcome.

The complaint

1. Mr X complains about how the Council dealt with an application for a street trading licence for a business to trade close to his home. Mr X says that the Council failed to properly consult with other departments or the public. He says he has been deprived of the opportunity to object to the application and that the area in question already has an issue with antisocial behaviour and littering

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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 further investigation would not lead to a different outcome. (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Council has accepted that there was fault in how it proceeded the application. It has apologised to Mr X for these errors and has raised the issues with the licencing team and changes to procedures have been recommended. The Council has considered Mr X’s request to repeat the application process but had refused because the decision to approve the application was correct and whilst the correct process was not followed there was public notice displayed and therefore still an opportunity for the public to object.
6. The Council has apologised to Mr X and committed to make service improvements and has fully explained to Mr X why it will not repeat the application process. We cannot order the Council to determine that the licence is invalid. For these reasons we will not investigate this complaint because doing so would not lead to a different outcome.

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Final decision

7. We will not investigate Mr X’s complaint because doing so would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman