Summary: We will not investigate this complaint about the Council’s decision to increase licence fees affecting Mr X. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X was unhappy with the Council’s decision to increase fees for a licence, for a leisure facility he owns. He said this affected several people in the Council’s area who are in a similar position to him.
2. He said the fee increase was unjustified and he wants the Council to amend the fee increase to be in line with the consumer price index (CPI).

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The Ombudsman’s role and powers

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

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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 was unhappy with the fees fixed for this financial year and said it affected him as a resident owner of a leisure facility. He said because the fees were above the rate of increase in line with the CPI, it was unjustified.
7. The Council has adopted an executive form of governance where day to day decisions are taken by an appointed cabinet. The evidence indicates the decision was made by the Council’s cabinet and given this is the Council process, we cannot question the decision.
8. The Ombudsman is not an appeal body, we cannot criticise a decision which has been taken without fault nor overturn such a decision, despite the fact Mr X disagrees with it. Given there is no evidence of a flaw here, we will not investigate.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman