Summary: We will not investigate this complaint about how the Council investigated a breach of licencing conditions at a boarding kennel. This is because there is insufficient evidence of fault.

The complaint

1. The complainant, who I will call Mr X, complains that the Council has failed to act against a boarding kennel which he says has breached the conditions of its licence.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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. Mr X contacted the Council to report concerns that a boarding kennel had breached the conditions of its licence after his dog had to sadly be euthanised after a stay there. The Council carried out an investigation but concluded that, whilst there were learning points for the boarding kennel, there was no evidence that it had breached the conditions of its licence and therefore it could not take any further action.
6. I will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault in how the Council dealt with his concerns. It carried out a visit to the boarding kennel and inspected relevant records and policies. It interviewed staff involved with the care of Mr X’s dog and senior staff involved with the management of the kennels and training of staff. The Council also considered information Mr X provided including records from the vet. In the absence of fault, we cannot question the merits of the Council’s decision that no breach had taken place. Whilst Mr X strongly disagrees with the Council this does not mean it has done anything wrong.

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Final decision

7. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman