Summary: We will not investigate this complaint about how the Council dealt with issues relating to boiler safety and certification at the property rented by Mr X. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, complains about the way the Council dealt with issues relating to boiler safety and certification at the property he rented. He says the Council was aware the landlord and his engineer had misled it and that it supported the landlord with his harassment of Mr X and his illegal actions with regard to gas safety.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council, including its responses to his complaint.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X complained to the Council about matters concerning boiler safety in the private property he was renting. The Council responded on a number of occasions, setting out details of its own investigation and that involving external support from Gas Safe Register, and it explained why the gas safety certificate, issued in June 2022 had been accepted.
6. Its response also detailed an additional visit to the property undertaken to investigate a hole in the ceiling in one room and a toilet flush which was not working. The Council deemed both issues to be minor with no further action required following the landlord’s confirmation he would be addressing the issues.
7. While Mr X is not satisfied with the Council’s actions and its response to his complaint, we do not investigate every complaint we receive. As there is no evidence to suggest fault affected the Council’s decisions or actions, we will not investigate the complaint.
8. Mr X has already been referred to the Information Commissioner’s Office if he is dissatisfied with the Council’s response to his FOI requests.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman