Summary: We will not investigate this complaint about the Council’s investigation of alleged mould/vapour/odours in the basement of a housing association property. This is because it does not meet the tests set out in our Assessment Code. We are unlikely to find fault in the Council’s response.

The complaint

1. Ms X complains about the Council’s failure to investigate her concerns that mould/vapour/smells in the basement of the property where she lives, are causing her to become ill.
2. Ms X says she can only walk around the edges of her flat and says the problem caused her budgie to die. Ms X would like the Council to investigate her serious concerns as she is also worried about the effects on other residents.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. 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)
5. We do not start 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

6. I considered the information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council’s complaints response says different officers have inspected Ms X’s property on three occasions and found no evidence to corroborate her claims. The Council says it will not revisit previously investigated issues.
9. The Council has advised Ms X to complain to her landlord and then the Housing Ombudsman Service if she still believes there is disrepair affecting her home.
10. We will not investigate as we are unlikely to find fault. The facts are that the Council has inspected and investigated but the outcome is not in agreement with Ms X’s views. Ms X disagreeing with the Council’s judgement is not necessarily evidence of the Council acting with fault.

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Final decision

11. I will not investigate Ms X’s complaint about the Council’s investigation of mould/vapour/smells in the basement of a housing association property. It does not meet the tests set out in our Assessment Code. We are unlikely to find evidence of fault in the Council’s response.

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Investigator's decision on behalf of the Ombudsman