The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about how the Council handled her concerns about living conditions in her home. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Mrs X complains the Council should have carried out a Housing Health and Safety Rating System inspection in response to her complaint about the floorboards in her home.
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 raised concerns about the condition of the floorboards in her home. A Council officer visited her home to carry out an informal inspection and decided a Housing Health and Safety Rating System inspection was unnecessary. Mrs X complained. The Council carried out a Housing Health and Safety Rating System inspection which found there were no category 1 or 2 hazards.
It is for a council to consider if it would be appropriate to inspect a home to decide if there are category 1 or 2 hazards and arrange an inspection. The Council has acted in line with the law. There is not enough evidence of fault in the actions taken by the Council to justify an investigation by the Ombudsman.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman