Summary: We will not investigate Mrs X’s complaint about changes to the licence conditions at a park home. This is because there is insufficient evidence of fault by the Council and an investigation would not lead to a different outcome.

The complaint

1. Mrs X complains about the Council’s decision to change the licence conditions at the park home where Mrs X owns a mobile home.

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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, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X owns a mobile home that previously belonged to her mother. In 2021, the Council made changes to the licence conditions at the park where the mobile home is located. Under the changes, porches were not allowed on mobile homes, although exceptions were made for existing residents.
7. Mrs X is selling her mobile home and has been told she will need to remove the porch that was installed prior to the licencing changes. She has asked the Council for an exemption, but it has refused. She complains that consultation with residents about the proposed changes was insufficient.
8. I will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault by the Council. The Council carried out a consultation exercise prior to making the changes and residents were consulted. It published its decision online. Its decision to refuse Mrs X’s request for an exemption is in line with its policy as ownership of the park home has changed since the policy was introduced. We cannot question a decision that was made without fault.
9. The Council did accept that it should have completed a list of exceptions after the changes were made. It has said this is now underway and will be completed on all sites by April 2026. I will not investigate this element of Mrs X’s complaint because doing so would not lead to a different outcome.

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Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault and investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman