The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s Environmental Health Service. This is because the Council already remedied the injustice during its complaint process, and there is a body better placed to consider Miss X’s complaint.
The complaint
Miss X complained about the Council’s investigation into the heating issues at the property she was living in.
She says the Council did not inspect her property, and there was delay and poor communication.
Miss X would like compensation for the distress caused by lack of heating.
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 we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), as amended) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X first complained to the landlord and letting agent about heating issues, then in the final months of her tenancy complained to the Council.
In the complaint response the Council apologised, saying there were delays in its investigation, and communication could have been better. This is a reasonable and proportionate remedy for the injustice Miss X suffered.
Miss X would like compensation for the ill health and distress she suffered due to the lack of heating, and for travel expenses. These are matters which backdate her complaint to the Council. She is pursuing this with the letting agent and courts, which is reasonable for her to do. This is not something the Council or Ombudsman can consider.
Investigator's decision on behalf of the Ombudsman