The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s inspection of private rented property for disrepair in 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.
The complaint
Mrs X reported disrepair in her private rented home to the Council in 2022. It carried out an inspection under the Housing Act 2004 and its officer identified some dampness on an external wall, poor fitting to the oven door and mould and loose wallpaper caused by condensation and steam in the kitchen. Mrs X disagreed with the findings and wanted the Council to take action as a hazard under the Housing Health and Safety Rating System (HHSRS).
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X reported dampness and other disrepair in her private rented home in 2022. The Council inspected at the time and identified some dampness on an external wall, minor fittings faulty on the oven door and condensation damage in the kitchen. She says the inspector didn’t have a fully functioning damp meter and that the dampness is more severe than the inspection noted.
In 2024 Mrs X made a further complaint and asked the Council to re-inspect. It told her that it did not consider that there was any significant new evidence to warrant further inspection and that its officers were working with the estate of her deceased landlord to resolve other issues. The Council told us that the solicitors acting on behalf of the estate have proposed extensive external and internal works to the property and that the landlord’s death without probate has led to inevitable delays.
We will not investigate Mrs X’s complaint about the Council’s response to her reports of disrepair in 2022. It was reasonable for her to complain to us within 12 months once the Council has received her original complaint following the inspection. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
Final decision
We will not exercise discretion to investigate this complaint about the Council’s inspection of private rented property for disrepair in 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman