Summary: We will not investigate this complaint about enquiries that a licensing officer made. This is because there is no evidence of fault, and the enquiries did not cause the complainant a significant enough injustice to justify further investigation.

The complaint

1. The complainant, who I will call Mr X, complains about enquiries the Council of dogs being bred on his farm without a licence. Mr X says the enquires caused he and his wife distress.

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The Ombudsman’s role and powers

2. 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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6))

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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. The Council received a report that dogs were being bred on Mr X’s property without a licence. The Council’s licencing team made enquiries and found an social media post advertising the sale of puppies. The Council called the number on the advert and was told that no breeding was taking place on Mr X’s property, and that it was just one of his studs that was being used in a different area.
6. I will not investigate Mr X’s complaint. The Council has a duty to investigate such allegations and made proportionate enquiries in doing so, closing its investigation once the facts were identified. I therefore see no evidence of fault. Furthermore, I do not consider that the Council’s brief enquiries caused Mr X a significant enough injustice to justify further investigation.

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Final decision

7. We will not investigate Mr X’s complaint because there is no evidence of fault and the Council’s enquiries did not cause him a significant injustice.

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Investigator's decision on behalf of the Ombudsman