Summary: We will not investigate Mrs X’s complaint about how the Council handled business license applications. Parts of her complaint are late and there are no good reasons why it could not have been made sooner. And of the parts remaining, there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complained an accommodation business license the Council administered for the year 2024 lapsed and a new license was delayed. She complained this impacted her business.
2. Mrs X complained the Council had sent late licensing invoices during the previous five years.

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The Ombudsman’s role and powers

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)
4. 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))

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How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X complained the Council sent late licensing invoices during the previous 5 years. Mrs X was aware of these issues more than 12 months when she complained to the Ombudsman. This part of the complaint is late, with no good reason as to why she could not have come to us about these matters earlier.
8. Mrs X complained her accommodation business license for 2024 lapsed as she did not receive a bill for a 3-month period. She says this left a period of time without a licence, which impacted her business. The Council explained the reasons for the lapse in the license and for the delay in writing to her. There is insufficient evidence of fault in the way the Council made this decision to justify an investigation.

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Final decision

9. We will not investigate Mrs X’s complaint because part of her complaint is late and there are no good reasons why it could not have been made sooner. And of the parts remaining there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman