Summary: We will not investigate this complaint about the Council’s failure to refund Ms X the landlord licencing fee. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We are unlikely to find fault with the Council following its procedure.

The complaint

1. In short, Ms X complains about the Council’s failure to return the selective property licencing fee she paid when she was renting out her property.
2. Ms X says she had to stop renting out her property and move back due to severe difficulties she experienced in her personal life. Ms X says the Council should take her extenuating factors in to account and return her payment.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. 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

5. I considered information provided by the complainant which includes the Council’s response. I considered the Ombudsman’s Assessment Code.

My assessment

6. Ms X says she should receive her £600 payment back as she is no longer renting out her property. Ms X says this is due to her suffering serious personal issues affecting her health and family life.

7. The Council’s complaints responses said, while it empathised with Ms X’s personal circumstances, it found no reasons to refund Ms X’s payment. The Council noted, at the time Ms X paid the fee, Ms X was renting out her property within the selective property licensing area. The Council said its policy does not allow for refunds.
8. In response to Ms X’s criticisms about the amount of the fee charged, the Council said it was similar to charges by other London councils.
9. The Ombudsman looks at the processes a council 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 complainants disagree with the decision the council made.
10. We will not investigate Ms X’s complaint. This is because we are unlikely to find fault with the Council following its policy for processing fees for selective property licences. I appreciate Ms X finds the decision to be unfair but this is not necessarily evidence of fault.

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Final decision

11. We will not investigate Ms X’s complaint because we are unlikely to find fault.

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Investigator's decision on behalf of the Ombudsman