The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to inspect disrepair in private rented housing. This complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
The complaint
Miss X complained about the Council failing to investigate her complaint about overcrowding and disrepair in 2020 when she first arranged for an inspection. She says this did not happen until 2022 and that no outcome resulted from the inspection until she complained again in 2023.
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’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X reported disrepair and overcrowding in her private rented home to the Council in 2019/2020. She says an inspector arranged to visit in February 2020 but then cancelled the visit. In early 2022 she asked the Council again to visit her home which was showing signs of dampness from a roof leak. The Council inspected in September 2022 but the officer did not make clear records and the Council took no action until she complained in 2023.
The Council told her in 2024 that there had been failure by its officers and that it was taking action over the overcrowding. The roof and outer part of the building is the Council’s responsibility to repair because it is the freeholder and her landlord is only a leaseholder. It is currently carrying out repairs and will then deal with dampness to the interior.
We will not investigate this complaint which was received outside the normal 12-month period. It was reasonable for Miss X to complain to us when the Council failed to follow up on her original report in 2020 and again in early 2022.
Final decision
We will not discretion to investigate this complaint about the Council’s failure to inspect disrepair in private rented housing. This complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman