Summary: We will not investigate this complaint about the Council’s issuing of a licence for a House in Multiple Occupation because the complaint is made late and there is no good reason to exercise discretion. There is insufficient evidence of fault in how the Council has dealt with recent reports of antisocial behaviour.

The complaint

1. Mr X complains about the Council’s decision to issue a licence for a House in Multiple Occupation (HMO) for a property next to his home. Mr X says the licence should not have been issued and the licence should be rescinded. Mr X says since issuing the licence he has been subject to antisocial behaviour.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

6. I will not investigate Mr X’s complaint about the Council’s decision to issue a licence for the HMO. This is because the licence was issued almost eight years ago. Mr X was aware of the decision at the time and therefore I see no good reason why he could not have complained to the Ombudsman about this sooner. I will also not investigate how the Council dealt with historic reports of antisocial behaviour by the occupants of the HMO for the same reason.
7. Mr X has made reports of noise to the Council recently. The Council provided Mr X with diary sheets to complete but he did not complete them. The Council also offered to arrange mediation between Mr X and the HMO licence holder, but Mr X refused. There is insufficient evidence of fault in how the Council dealt with these matters and therefore we will not investigate them further.

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Final decision

8. We will not investigate Mr X’s complaint because the complaint about the issuing of the licence is made late and there is insufficient evidence of fault in how the Council has dealt with recent matters.

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Investigator's decision on behalf of the Ombudsman