Summary: We will not investigate this complaint about the Council’s investigation into licensing and noise complaints about a House in Multiple occupation. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Ms X complained about the Council’s failure to place restrictions on overcrowding in what she believes is an illegal house in multiple occupation (HMO). She says overcrowding in the neighbouring property is causing noise nuisance which affects her enjoyment of her home.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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. Ms X says a neighbouring property is being operated as an illegal HMO due to there being 7 occupants and insufficient facilities for such a number. She says noise form the house causes disturbance in her own home. the Council investigated her complaint and concluded that the property is a licensed HMO and that there are 5 permanent occupants which meets the licensing requirements. Any visitors who may stay over occasionally but have their own accommodation are not counted as part of the household.
6. The Council also investigated the noise reports under the provisions of the Environmental Protection Act 1990. It provided Ms X with recoding equipment but its investigations concluded that the noise recorded was domestic noise which would not constitute a statutory nuisance.
7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.

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Final decision

8. We will not investigate this complaint about the Council’s investigation into licensing and noise complaints about a House in Multiple occupation. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman