Summary: We will not investigate this complaint about the Council’s licensing inspection at Ms X’s business premises. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. The complainant, who I refer to as Ms X, says she was given an unfair licence rating for her business because of the inexperience and lack of understanding of the relevant legislation by officers. She says she wants a new inspection to be carried out.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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)
3. 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (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, including its response to her complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Unhappy with the licence rating given for her business following a Council inspection, Ms X complained to the Council. It carried out a review of its rating decision but concluded the inspection had been carried out fairly and in accordance with the relevant legislation and the rating was not changed.
7. The Council also responded to Ms X’s complaint about the behaviour of officers involved in the inspection and her case. It noted that while she did not agree with the professional view of officers, her complaint against them was not justified and it was satisfied the relevant legislation and government guidance had been followed.
8. It is not our role to act as a point of appeal against decisions made by councils which complainants do not agree with. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
9. While Ms X may not be satisfied with the outcome of her appeal against the rating or the outcome following the Council’s investigation of her complaint, there is no evidence to suggest fault by the Council sufficient to warrant an investigation by the Ombudsman.

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Final decision

10. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman