The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against Mr X’s landlord. This is because we would be unlikely to find fault with the Council’s actions.
The complaint
Mr X complained the Council failed to take enforcement action against his landlord, who has not carried out vital repairs needed at his property. He said this has caused him stress and inconvenience.
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.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about housing repairs his landlord had failed to carry out.
The Council did not uphold the complaint, stating it had attempted to visit his property but had been unable to gain access.
Mr X’s landlord then began legal proceedings against Mr X as he was unable to enter the property.
The Council wrote to Mr X serving a notice of entry to permit access to inspect the property.
The Council has been unable to gain access to Mr X’s property and is unable to take further action. The Ombudsman would therefore be unlikely to find fault with the Council’s actions. It is open to Mr X to collaborate with the Council to resolve this matter.
Final decision
We will not investigate Mr X ’s complaint because we would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman