Summary: We will not investigate this complaint about the way the Council dealt with a licensing application. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complained the Council has not followed the correct process when considering a licensing application.
2. Ms X would like the Council to reverse its decision or to compensate her as she says the decision has caused her financial losses.

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The Ombudsman’s role and powers

3. 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))
4. 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

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

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My assessment

7. Ms X complained the Council had not followed the correct process when it extended the terms of an existing licence for a neighbouring property. She complained she could not find any record of the original licence.
8. The Council explained the application was for a new licence and clarified how it followed the correct process in reaching its decision for that application.
9. The issues raised appear to be based on a misunderstanding rather than any fault in the Council’s decision making.
10. Ms X also raised issue with the way the Council has handled her complaint. The Council has accepted there were delays and have apologised and offered a symbolic payment in recognition of the impact of this.
11. We do not investigate complaints about complaint handling where we are not investigating the substantive issue.

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Final decision

12. We will not investigate Ms X’s complaint because there is not enough evidence of fault in the way the Council made its decision to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman