Summary: We will not investigate this complaint about the Council’s enforcement of a site licence for a mobile home park. There is insufficient evidence of fault which would warrant an investigation. It is reasonable for Mr X to seek a remedy with the First-Tier Tribunal to determine his dispute with the site owner.

The complaint

1. Mr X complained about the Council’s failure to enforce site licensing conditions on the owner of the site where he owns his mobile home. He says the concrete hardstanding provided by the site is cracked and the owner refuses to accept liability to repair it. He says the Council should take enforcement action.

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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.
• there is another body better placed to consider this complaint.

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

3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), 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. Mr X says the Council will not take action against the owner of the mobile home site where he lives. He says the concrete hardstanding under his home has cracked and the owner refuses to accept that he is liable for repairing it under the Mobile Homes act 1983.
7. The Council told him that the licence only requires the site owner to provide hardstandings and it does not include details of responsibility for repairs. The Council’s powers are under the Caravan Sites and Control of development Act 1960 but the agreement between the resident and the site owner is under the Mobile Homes Act 1983. The Council says there is no breach under which it could enforce its licensing powers.
8. The Government’s website covering park and mobile homes advises that residents who have disputes over meeting obligations under the agreement they hold should be referred to the First Tier Tribunal (Property Chamber – Residential Property). This body makes legally binding decisions and is the normal means of settling disputes about breaches of agreement conditions.
9. We will not investigate the Council’s licensing role and it is reasonable for Mr X to seek a remedy by appealing to the Tribunal.

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Final decision

10. We will not investigate this complaint about the Council’s enforcement of a site licence for a mobile home park. There is insufficient evidence of fault which would warrant an investigation. It is reasonable for Mr X to seek a remedy with the First-Tier Tribunal to determine his dispute with the site owner.

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Investigator's decision on behalf of the Ombudsman