Summary: Ms X complains about the Council’s handling of matters relating to permitted development rights and the use of properties as Houses in Multiple Occupation (HMO). We will not investigate the complaint because it is unlikely we will find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, complains about the Council’s handling of matters relating to permitted development rights and properties which will be used as HMOs. Ms X says the Council is not properly monitoring HMO properties or building safety.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X and the Council’s responses to the complaint.
4. I considered the Ombudsman’s Assessment Code.
5. I gave Ms X the opportunity to comment on my draft decision.

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My assessment

6. Concerned about the development of a property which she lived next door to and the use of properties as HMOs, Ms X complained to the Council about how it considers permitted development applications and specifically its consideration of applications for larger home extensions.
7. The Council responded to the issues she raised about consulting with relevant departments on permitted development applications, changes of use of properties to HMOs and about what information permitted development applications should show. It also explained its position with regard to reviewing HMOs in the borough and its consideration of whether permitted development rights should be withdrawn for them, making it a requirement that they apply for planning permission.
8. In response to information about a possible planning breach, the Council confirmed it had opened an enforcement case, investigated and would be monitoring the situation.
9. While I understand Ms X is not satisfied with the Council’s response to her complaint, I have seen no evidence to suggest there has been fault in the way it has dealt with matters.

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Final decision

10. We will not investigate this complaint. This is because it is unlikely we will find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman