Summary: We will not investigate this complaint about the Council’s decision not to prosecute Mr X’s landlord. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complains about the Council’s decision not to prosecute his landlord.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. 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)
3. 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))

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How I considered this complaint

4. I considered information provided by the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X has previously complained to the Ombudsman about matters concerning his landlord. We will not revisit these issues.
7. More recently, the Council, having sought expert legal advice, decided not to prosecute Mr X’s landlord contrary to Mr X’s wishes. It explained to Mr X why this was the case.
8. While Mr X may disagree with this decision, it is not our role to act as a point of appeal. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information and there is no evidence to suggest fault affected this decision.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman