Summary: We will not investigate this complaint about the Council’s investigation of an unlicenced property in a selective licensing zone. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council sending officers to a property he owns without his consent. He says they were intimidating and that they had no authority to enter his property or to threaten him with criminal penalties if he failed to comply with licensing regulations.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council subjected him to an intimidating inspection of his property when it sent four officers to advise him that he was breaching licensing regulations for operating a house in multiple occupation (HMO) without a licence. He challenged the officer’s authority to enter his property and also the advice that this was a criminal rather than a civil matter.
6. The Council told Mr X that it had given him previous information about obtaining a HMO licence and that he had failed to comply with the requirements. It sent authorised officers to inspect the property to ascertain that a licence was required and its officers carried out their duties under s.293 of the Housing Act 2004. This gives authorised officers powers to enter property without prior notice in these circumstances.
7. The Council advised Mr X that failure to obtain a licence is an offence under s.95(1) of the Act and that this carries a criminal penalty if the Council undertakes a prosecution.
8. When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about the merits of decisions. In this case the Council’s officers acted within powers provided by the legislation.
9. If Mr X wishes to challenge the legal authority of the Council in this matter, he should seek professional legal advice.

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Final decision

10. We will not investigate this complaint about the Council’s investigation of an unlicenced property in a selective licensing zone. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman