The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Mr X’s reports of private housing disrepair. This is because we are unlikely to find evidence of fault by the Council.
The complaint
The complainant, who I refer to as Mr X, says the Council is favouring his private landlord in relation to disrepair issues at his property and that instead it should be taking formal action and imposing a financial penalty on the landlord.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council investigated Mr X’s complaint but found no evidence officers were favouring the landlord in dealing with disrepair issues at Mr X’s property. It pointed out it had challenged the landlord in connection with the electrical wiring at the property and has required him to carry out work to address defects and faults.
It explained the Council will always try to deal with housing defects on an informal basis initially unless there is an immediate risk to health and that its officers had been working with the landlord to ensure the identified defects are rectified. It said to do this the landlord requires access to the property and if it is not given it would be unreasonable for the Council to take enforcement action.
While Mr X is understandably concerned about the repairs required at his property, there is no evidence to suggest there has been fault in the way the Council has dealt with matters. It has been working with the landlord to ensure the works are completed and it is not of the view that formal enforcement action is required. This is a decision the Council is entitled to make and it is not our role to act as a point of appeal. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information.
Mr X says his landlord is continuing to harass him by coming to the property without notice. However, the landlord requires access to complete the work and it is in Mr X’s interests to arrange a suitable time for them to be done.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman