The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s actions to address private housing disrepair. This is because there is not enough evidence of fault.
The complaint
Ms X complains the Council did not take timely or effective enforcement action against her landlord regarding category 1 safety hazards.
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)) If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Councils have powers under the Housing Health and Safety Rating System (“HHSRS”) to take enforcement action against private landlords where the council has identified a hazard which puts the health and safety of the tenant at risk. If a council considers a category 1 hazard exists it must take enforcement action. If a council finds a category 2 hazard it is up to the council whether to take enforcement action.
The Council carried out HHSRS inspections and found category 2 hazards. It told the landlord to rectify these. The Council explains it has not taken formal enforcement action as the landlord has either fixed issues or is in the progress of doing so.
It is for the Council to reach a professional judgement based on the information available and the HHSRS scoring system to determine the category of hazard. There is not enough evidence of fault in the Council’s decision making.
It is also up to the Council to decide whether to take enforcement action. The Council has explained why it has not done so. There is not enough evidence of fault.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman