Summary: We will not investigate Mrs X’s complaint that the Council approved an application to convert a property she owns without her permission. This is because the injustice she claims stems from the actions of the person who made the application and caused damage to her property and we could not hold the Council responsible for this.

The complaint

1. The complainant, Mrs X, complains the Council approved a fraudulent application made in her late husband’s name several years ago, to convert a property she owns and lets out into a ‘house in multiple occupation’ (HMO). She wants to cancel the permission, prosecute the person responsible and pay compensation for the damage they have caused to the property.

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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 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)

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How I considered this complaint

3. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

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Final decision

4. We will not investigate this complaint. This is because the injustice Mrs X claims stems from the actions of a third party and not any fault by the Council. Mrs X confirms she has started legal action against the third party and the Council does not take on responsibility for their actions or for paying compensation to put right any damage they have caused to her property.

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Investigator's decision on behalf of the Ombudsman