The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s response to allegations made against her landlord. There is insufficient evidence of fault to justify investigation.
The complaint
Mrs X complains the Council failed to properly investigate her reports of fraud, misrepresentation, and misconduct by her landlord and managing agent. She also complains the Council did not take action to protect her when she reported an illegal eviction.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X rented a property through an agent. She reported concerns to the Council about her landlord and letting agent. The concerns included misrepresentation, fraud, financial misconduct, harassment and threats of illegal eviction.
The Council advised Mrs X that it was not responsible for investigating the allegations and signposted her to the appropriate bodies for such matters. The Council also explained that tenants can pursue civil remedies if they believe their deposit was not properly protected.
There is insufficient evidence of fault to justify investing. The concerns raised by Mrs X are not matters the Council have a duty to investigate.
Final decision
We will not investigate Mrs X’s complaint. There is insufficient evidence of fault to justify investigation.
Investigator's decision on behalf of the Ombudsman