The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council dealt with his reports of private housing disrepair. That is because there is insufficient evidence of fault by the Council and further investigation would not lead to a different outcome.
The complaint
Mr X complained about the Council’s failure to act against his private landlord after he reported disrepair. He said the Council’s actions had resulted in Police and Children’s Social Care involvement with his family. He feels an Ombudsman investigation would aid his defence in court proceedings. He also wants financial compensation from his landlord.
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: there is not enough evidence of fault to justify investigating, or 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.
The complainant had an opportunity to comment on my draft decision. I considered their comments before making a final decision.
My assessment
Mr X contacted the Council in June 2021 about disrepair as his private rented property. The Council wrote to his landlord asking them to make the necessary repairs within 21 days. The following month Mr X moved out of the property. He complained to the Council.
In the Council’s complaint response to Mr X, it explained it could take no further action against the landlord as he no-longer lived at the rental property. It suggested he take legal advice if he wanted compensation from the landlord.
There is insufficient evidence of fault in how the Council dealt with Mr X’s complaint of disrepair to warrant further investigation. Although Mr X is unhappy the Council will not take action against his former landlord, further investigation by the Ombudsman would not lead to a different outcome. Therefore, we will not investigate this complaint further.
Final decision
We will not investigate this complaint. This is because there is insufficient evidence of fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman