The Ombudsman's final decision
Summary: We will not investigate this complaint about the repairs to a garage rented to Mr X by the Council. There is insufficient evidence of fault which has caused significant injustice to Mr X.
The complaint
Mr X complained about ivy growing into a garage which he rents from the Council. He was given a neighbouring garage as a result but he says this one also is suffering from ivy penetration.
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 any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation (Local Government Act 1974, section 24A (6)) 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 information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X rented a council garage and in 2020 complained about ivy growing through the roof which he says caused scratching to his car. The Council told him that the roofs of the garage block are asbestos and cannot be repaired to prevent ivy penetration. The Council cut back the ivy as best it could but it is growing from gardens of neighbouring properties adjacent to the garage site.
We will not exercise discretion to consider the complaint about this garage repair because Mr X was aware of it in 2020 which is outside the 12-month period for receiving complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
In 2022 the Council offered Mr X a nearby garage as a temporary measure until it could find a solution. Because the ivy could not be removed completely Mr X says his new garage is beginning to suffer the same problem, even though the Council allowed his temporary occupation to be made permanent.
Mr X holds a weekly tenancy for rental of the garage. There are no statutory repairing duties and the Council considers that it has done what it can to resolve the problem. If he remains dissatisfied with the tenancy Mr X could terminate it at a few weeks’ notice. There is insufficient evidence of significant injustice caused to Mr X by fault which would warrant an investigation.
Final decision
We will not investigate this complaint about the repairs to a garage rented to Mr X by the Council. There is insufficient evidence of fault which has caused significant injustice to Mr X.
Investigator's decision on behalf of the Ombudsman