Southend-on-Sea City Council

The Ombudsman's final decision

Summary: We will not investigate Miss X’s complaint about how the Council responded to her housing concerns because there is not enough evidence of fault.

The complaint

Miss X complains about how the Council responded when she raised concerns about her accommodation. Miss X says the landlord evicted her after she raised concerns.

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

Miss X said her landlord evicted her after she raised concerns with the Council about her home.

Miss X complained about the landlord installing CCTV cameras. She told the Council she had raised the matter with the Information Commissioner. The Council told her she could also seek advice from the Citizens Advice Bureau or the police.

Miss X complained about waste storage and pest control issues at the property. She also complained the landlord was converting a general waste store to a bungalow, so she no longer had access to the bin store.

The Council said it had carried out visits to investigate these issues and advised the landlord to contact a pest controller. It confirmed there were no plans to convert the waste storage building.

Miss X complained about a lack of lighting in the garden and said she was injured after she fell over a neighbour’s bike outside her home. The Council said it could not investigate this as she no longer lived at the property.

I will not investigate these issues. The Council took appropriate steps to investigate these matters. Therefore, I cannot criticise it.

Miss X complained that the landlord evicted her with an hours’ notice after she raised concerns. She said she had video evidence. The Council asked for a copy, but Miss X did not provide it. It told Miss X it could not investigate.

There is no fault in how the Council took the decision not to investigate and I therefore cannot question whether that decision was right or wrong.

Final decision

We will not investigate Miss X’s complaint because there is not enough evidence of fault.

Investigator's decision on behalf of the Ombudsman