Summary: We will not investigate this complaint about the Council’s handling of disrepair issues at Ms X’s privately rented property. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains about the Council’s handling of disrepair issues at her privately rented property. She says she is still waiting for repairs to be finished, including repairs to the bathroom door and window sill.

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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 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))

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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. In responding to Ms X’s reports of disrepair at her privately rented property, the Council visited the property and served a Hazard Awareness Notice on the landlord which highlighted repairs required at the property. No time limit was set for completing the works but the Council has confirmed that if works are slow it could decide to serve a Notice with a set time frame for completion.
7. In response to my initial enquiry the Council has confirmed the landlord has had difficulties in gaining access for the repairs and it has contacted Ms X about this. It has also confirmed that while the condition of the bathroom door and window sill are unsightly, they do not pose a health hazard and it has not required the landlord to carry out work on them.
8. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. In the professional judgement of officers, the door and window sill are not a health hazard and we cannot review the merits of this decision. I have seen no evidence to suggest fault by the Council has affected its decisions in dealing with this case.
9. Access is required for the outstanding works and it is open to Ms X to cooperate to allow them to be completed.

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Final decision

10. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman