Summary: We will not investigate this complaint about how the Council dealt with a possible breach of license conditions. This is because we are unlikely to find fault and the complainant has not suffered significant injustice.

The complaint

1. Mr X has complained about how the Council dealt with possible license breaches at a site near his home. Mr X says the Council failed to properly investigate his concerns. Mr X says he has been caused stress and frustration by the matter.

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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
• any injustice is not significant enough to justify our involvement.

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

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

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My assessment

6. Mr X has complained about how the Council dealt with his concerns about license conditions not being complied with at a site near his home.
7. I am satisfied the Council properly looked into Mr X’s concerns. It contacted the site owner and has explained why it does not consider further action necessary. I understand Mr X may disagree with the Council’s decision, but it was entitled to use its professional judgment. As the Council properly considered if it should take further action in relation to compliance with the conditions, it is unlikely I would find fault.
8. Furthermore, Mr X’s main concern is that a license condition which required the business to give residents a contact number was not complied with. However, Mr X has now received the contact details, therefore I do not consider he has suffered any significant injustice because of the alleged fault.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find fault. Mr X has also not suffered significant injustice.

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Investigator's decision on behalf of the Ombudsman