Summary: We will not investigate Mr X’s complaint about the Council’s decision the standard of his accommodation was suitable. It is unlikely we would find fault if we were to investigate and we cannot achieve the outcome he is seeking.

The complaint

1. Mr X was unhappy the Council decided his accommodation was suitable, after he told it the property was unsafe and hazardous. Mr X said because the Council placed him there and it is unsuitable, he has been subject to unnecessary stress and anxiety. Mr X now wants the Council to take action or relocate him.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In August 2024, Mr X wrote to the Council complaining about the standards of the accommodation it had placed him in, saying there was inadequate soundproofing, and the accommodation failed to meet relevant housing safety standards.
7. In September 2024 and again in early January 2025, the Council inspected the property. Because the property Mr X lives in is a House in Multiple Occupation (HMO), the council carried out both its inspections under the Housing and Health and Safety Rating System (HHSRS), which is statutory guidance issued to Council’s about enforcement of housing conditions.
8. The Council sent me information about both inspections. It said it took informal remedial action with the landlord in both instances. It also told Mr X about the outcome of these inspections.
9. The guidance associated with the HHSRS, says the decision on enforcement action is for the Council to take. The guidance also says informal action is encouraged to allow for property owners to put things right at an early opportunity.
10. Noting the decision about enforcement is one for the Council to take and it responded to Mr X’s concerns about property standards, it is unlikely we would find fault in the way it considered his reports of poor standards and responded.
11. In any case, Mr X has asked if the Council does not take action to improve the accommodation where he is currently living, it then relocates him. We could not direct the Council to relocate him and therefore could not achieve this as an outcome.

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Final decision

12. We will not investigate Mr X’s complaint because it is unlikely we would find fault and we cannot achieve his substantive outcome.

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Investigator's decision on behalf of the Ombudsman