Summary: We will not investigate this complaint about the Council’s handling of a food hygiene inspection because there is not significant enough injustice to justify the Ombudsman’s involvement.

The complaint

1. The complainant, Mr X, complains the Council has not carried out a food hygiene inspection in line with relevant legislation. He complains the food business run from a domestic property should be classified as a takeaway and not a home-based caterer.

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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 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 complains the Council has failed to consider the relevant legislation while carrying out a food hygiene inspection at a food business in the area where he lives. Mr X says because the Council has classified the business as a home caterer and not a takeaway business it has not considered matters such as sufficient ventilation, potential fire hazards and waste disposal. He says the lack of extraction causes odour nuisance.
6. The Council carried out an inspection in April 2025 at the food business and was satisfied the business complies with relevant legislation.
7. Mr X does not live in the immediate vicinity of the food business and is therefore unlikely to be impacted by any alleged odour nuisance or the other matters he has concerns about. The evidence shows Council has advised that should any of the residents in properties adjacent to the food business have concerns, they can raise these with the Council using the appropriate channels.
8. We will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. As a publicly funded body we must be careful how we use our resources. Therefore, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because there is not significant enough injustice to justify the Ombudsman’s involvement.

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Investigator's decision on behalf of the Ombudsman