Summary: We will not investigate this complaint about the Council’s decision not to give the complainant a refund for an unrequired portion of a selective licence. We have not seen evidence of fault in the Council’s actions.

The complaint

1. Mr X, complains the Council refuses to give him a refund to cover the three and a half years when he did not require a selective licence for a rental property which he no longer requires.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X including the Council’s response to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In May 2022 Mr X paid £440 for a selective licence for a rental property he owned. The licence term is five years. Mr X sold the property and asked for a refund for the three and a half years he did not require the licence.
7. The Council confirms the decision to implement selective licensing was approved by Cabinet 2020 and came into effect following approval by the Government’s Department for Levelling Up, Housing and Communities in November 2021. The Council’s procedure does not include provision for refunds. This is permitted by the governing legislation – The Housing Act 2004.
8. We have seen no evidence to suggest the Council has failed to follow its approved procedure. I understand Mr X disagrees with the procedure, but the Ombudsman does not act as an appeal body.
9. We can look at the Council’s decision-making process. The Council should take account of law, policy, relevant evidence, and information. If it has followed those steps we cannot find fault. He cannot intervene simply because a Council has a policy that someone disagrees with.

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Final decision

10. We will not investigate Mr X’s complaint because we have seen no evidence of fault in the Council’s decision not to issue a refund for an unrequired period of a selective licence.

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Investigator's decision on behalf of the Ombudsman