Summary: We will not investigate this complaint about the Council’s response to Mr X’s reports of unlicensed Houses in Multiple Occupation (HMOs) operating in its area. This is because there is not enough evidence of fault by the Council to justify an investigation.

The complaint

1. Mr X complains about the Council’s response to his reports of three potentially unlicensed Houses in Multiple Occupation (HMOs). He complains about the Council’s communication with him following his reports and its complaint handling.

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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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about its response to his reports of unlicensed HMOs operating in its area.
6. The Council responded to confirm that it had undertaken visits in relation to the three properties he had reported but that it had decided that no further action was required. As part of its investigation, the Council interviewed occupants of the properties. It said the interviews were consistent with its officers’ observations during inspections that the properties were used as short-term rentals. The Council shared the outcome of its investigation with Mr X and explained that it had no basis to take further action.
7. The Council considered Mr X’s reports about disrepair, including mould, in the properties. It said officers found the properties in good condition with no evidence of the issues raised by Mr X. The Council signposted Mr X to other agencies he could report his concerns to.
8. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. The Council investigated Ms X's concerns and having done so decided no further action was required. We will not investigate this complaint. There is not enough evidence of fault by the Council in the way it has dealt with this matter to justify investigating.
9. It is not a proportionate use of our limited resources to investigate the Council’s communication with Mr X or its complaint handling alone when we are not considering the core issues. Any separable injustice is not significant enough to justify our involvement. So, we will not investigate.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to justify an investigation.

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Investigator's decision on behalf of the Ombudsman