Summary: We will not investigate Mr X’s complaint about how the Council handled his business license application. The Council has apologised and is taking steps to improve its service. We could not add to any previous investigation by the Council and we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complained about enforcement action imposed by the Council. He complained about the Fixed Penalty Notices issued and the conduct of an enforcement officer. Mr X said this caused emotional, financial and reputational damage, affecting his mental well-being. Mr X complained the actions of the council do not offer redress and he wants financial compensation.

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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:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. During 2023 a council enforcement officer (EO) issued a Fixed Penalty Notice (FPN) to Mr X. Mr X said he felt threatened by the EO. The Council apologised, arranged training for the officer and cancelled the fine.
6. In 2024 Mr X applied for a license for his business. He received 5 FPNs for unlicensed street trading from the EO while his license application was in process.
7. When he complained to the Council, the Council then cancelled the FPN’s. Since then all the remaining fines were also cancelled.
8. The Council acknowledged miscommunication and that the EO had not properly carried out their role. It also acknowledged flaws within the licensing system.
9. The Council has apologised to Mr X for any distress caused. It said it has carried out staff training. The Council is also making service improvements to the licensing process.
10. We will not investigate Mr X’s complaint, because it is likely that any investigation by us would not add to the investigation completed by the Council. The Council has apologised and has identified steps to improve its service.
11. Mr X wants compensation for the impact on him and on his business. We are unlikely to reach conclusive findings on such matters and would be unable to achieve his requested outcome. Such claims are best resolved by the courts.

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Final decision

12. We will not investigate Mr X’s complaint because the Council has apologised and identified service improvement. It would be unlikely we could add to the investigation by the Council and we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman