Summary: We will not investigate this complaint about the Council’s advice about dog boarding licence procedure. There is insufficient evidence of any significant personal injustice which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s advice given to him when he asked about its procedure for dog boarding licence applications. He says the advice given was contrary to legislation which a different council previously used to prosecute him.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement

3. (Local Government Act 1974, section 24A (6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X says he made enquiries of the Council about what action it would take if he applied for a licence for a dog boarding business and continued to operate his business whilst awaiting the application decision. The Council gave him advice which he says is contrary to the actions of his own council which prosecuted him for operating in this way. He believes the Council is giving misleading information.
7. Mr X did not provide the Council with any business details or his name and address for it to assess his case. He has not set up any business in the Council’s area or applied for a licence.
8. 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 by an organisation. In addition, we will not normally investigate a complaint where the complainant is using their enquiry as a way of raising a general concern but where they have not suffered personal injustice from the Council’s actions. There is no evidence of any injustice caused to Mr X by the Council’s responses.

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Final decision

9. We will not investigate this complaint about the Council’s advice about dog boarding licence procedure. There is insufficient evidence of any significant personal injustice which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman