Summary: We will not investigate this complaint about the Council issuing a financial penalty for a breach of licensing conditions. This is because there is not enough evidence of fault.

The complaint

1. Mr X complains the Council issued penalty fines to his managing agent for breaches of licensing conditions on his house in multiple occupation. He disputes any breach and seeks a refund of sums he paid to his managing agent to cover these fines. Mr X also complains the Council deleted his documents.

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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
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s managing agent had the right to appeal any penalties issued by the Council but chose not to do so. That Mr X then paid sums to the managing agent to cover the costs of the penalties is a private matter between Mr X and the managing agent.
7. The Council is not responsible for and had no control over Mr X making payment to his managing agent or whether the managing agent used their appeal rights or not. There is not enough evidence of fault by the Council.
8. The Council told Mr X it deleted documents he provided in 2018 to comply with data protection law. The ICO is better placed to consider Mr X’s complaint about whether the Council was wrong to do so.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman