The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council allowed a business to be registered at the complainants address. This is because the Council has amended its records and addressed the reason for the error being made. Further investigation would therefore not lead to a different outcome.
The complaint
The complainant, who I will call Ms X, complains that the Council allowed a nearby business to be registered on the Council’s systems at her address.
The Ombudsman’s role and powers
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 or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2020 Ms X contacted the Council after a letter to the business was sent to her address from a Council department. The department changed the address to the correct address on its systems. In 2021, Ms X became aware that another of the Council’s departments had the business registered at her address and complained to the Council. She felt that her address was being used deliberately to commit fraud.
I will not investigate this complaint. The Council has agreed to amend its systems and to address the reason for the error with the business owner who used the wrong address on an application form, resulting in Ms X’s address incorrectly being recorded as the business address. It has advised Ms X that she can contact HMRC if she believes fraud is being committed by the business owner. Having carefully considered Ms X’s complaint and the Council’s responses I do not consider that further investigation would lead to a different outcome.
Final decision
We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman