Summary: I will not investigate this complaint about how the Council dealt with the complainants reports of housing disrepair and how it supported him when he moved to a new property. This is because there is insufficient evidence of fault in how the Council has dealt with the matter.

The complaint

1. The complainant, who I will call Mr X, complains about how the Council dealt with his reports of disrepair at the housing association property he lives in. Mr X says the Council failed to support him when he first moved into the property and has failed to properly deal with his recent reports of disrepair, some of which he says pose a serious fire risk. Mr X also complains that the Council has failed to act against the Housing Association for commencing eviction proceedings against him.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant has had a opportunity to comment on my draft decision and I have considered his comments.

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My assessment

6. In July 2020, Mr X moved into a Housing Association property and was eligible for up to three months of support from the Council’s Support and Resettlement Team, who provide support to vulnerable people who may be homeless or threatened with homelessness for a period of up to three months after a move. Soon after Mr X moved, he contacted the Housing Association about repairs he wanted it to carry out to the property. As the Support and Resettlement Team were satisfied that Mr X was able to properly communicate his concerns to the Housing Association it ended its involvement with Mr X.
7. In late 2021, the Housing Association served Mr X with a Section 21 notice of eviction. Mr X felt that this was a revenge eviction for him requesting repairs and so contacted the Council’s Housing Enforcement Team and asked it act against the Housing Association. Mr X said that some of the issues posed a health and safety risk to him.
8. The enforcement team considered Mr X’s reports of disrepair, including photographs he provided. It contacted the Housing Association and asked it to provide information. The Housing Association provided details of what work it had carried out and what work it did not consider necessary and why. The Council reviewed a recent Fire Risk Assessment and a recent Electrical Safety Certificate. It also noted that the Housing Association had arranged an independent surveyor to inspect the property, but that Mr X had refused them access. The Housing Enforcement Team decided that no enforcement action would be taken, and that Mr X should complaint to the Housing Ombudsman Service if he was dissatisfied with the Housing Associations actions in regard to his request for repairs.
9. I will not investigate Mr X’s complaint. This is because I have seen no evidence of fault with how the Council has dealt with the matters raised by Mr X.
10. Mr X feels strongly that the Council should have provided support for longer after he moved into the Housing Association property. The Support and Resettlement Team decided to end its support after noting that Mr X was in communication with the Housing Association and was able to properly communicate his concerns about repair issues in the property. It is unlikely any investigation would find fault with this approach.
11. The Council wrote to Mr X to inform him of its decision to end the support, he says he did not receive the letter, but the Council have provided me with a copy. It may be that the letter was lost by the Royal Mail. However, we could not attribute any fault in the delivery of the letter to the Council.
12. In response to Mr X’s report that the Housing Association were carrying out an eviction in revenge for him requesting repairs, the Council considered the issues of disrepair raised by Mr X and considered if any of the issues raised posed a serious risk. However, it concluded that there was insufficient evidence to take enforcement action against the Housing Association. I am satisfied that the Council considered relevant information when considering Mr X’s claims and therefore cannot question the merits of its decision not to take any further action.

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Final decision

13. We will not investigate this complaint. This is because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman