Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action regarding breaches to a house in multiple occupation licence as there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complains the freeholder of her property has breached the house in multiple occupation (HMO) licence the Council granted to them, but the Council has refused to take enforcement action. Mrs X says this has put residents at risk.

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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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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

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. In the Council's view, the reported issues with the property did not constitute a breach of the HMO licence or reach the threshold at which enforcement action would be warranted.
7. We can only question this decision if there was clear evidence of fault in the way it was made. I consider there is insufficient evidence of such fault to warrant our further action, as the Council considered the concerns Mrs X and a neighbour raised and carried out a site visit. I recognise Mrs X disputes the Council’s assessment, but this does not equate to it being at fault. The Council came to a decision it is entitled to, under its enforcement policy, and we cannot intervene.
8. For this reason, we will not investigate.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of Council fault to warrant our further action.

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Investigator's decision on behalf of the Ombudsman