Summary: We will not investigate this complaint about the Council’s failure to take action regarding damp and mould growth in a property. This is because we have already considered parts of the complaint, some of the complaint has been made late, and issues concerning liability for personal injury are for the courts to decide.

The Ombudsman’s role and powers

2. 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, for example, we decide that we cannot achieve the outcome someone wants or there is another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6))

3. The law says we normally cannot investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. We investigate complaints about councils and certain other bodies. But we cannot investigate the actions of social housing providers such as housing associations. (Local Government Act 1974, sections 25 and 34A, as amended)

How I considered this complaint

6. I considered the information Miss X provided about her complaint. I also took account of the Ombudsman’s Assessment Code.

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My assessment

7. Miss X complained about the Council’s failure to intervene regarding the damp and mould growth at her housing association property over a period of five years until she left it in late 2021. But we will not investigate this complaint.
8. First, we normally do not reconsider complaints about issues we have already looked into on previous occasions. Miss X has complained to us twice before about the Council’s Environmental Health service’s involvement regarding her property, in 2017 and in 2020. I see no reason for us to look into the same matters again now.

9. Second, the law says that normally we cannot investigate late complaints, that is, complaints made to us outside the permitted period of 12 months from the time the person first became aware of the issue in question. I consider this restriction would apply to any other complaint Miss X is now making about what the Environmental Health service did in her case between 2016 and 2021.
10. In addition, I am not convinced that we have grounds to exercise our discretion and investigate any new complaints Miss X has relating to this period, despite them being late. In particular, I see no reason why Miss X could not have raised any new issues at the time, given she was able to complain to us in 2017 and 2020.
11. But in any case I consider it very unlikely we could carry out an effective investigation now, or achieve a worthwhile outcome, so long after the events in question took place.

12. Third, I do not see we could achieve the outcome Miss X wants from her complaint. Miss X is effectively saying that the Council’s inaction, or negligence, allowed damp conditions and mould growth to persist and led to her family becoming ill. But we have no remit to determine the causes or impact of disrepair in social housing. In addition, claims that personal injury has been caused because of negligence, and that compensation is due as a result, are ultimately matters for the courts to decide. We cannot act as a substitute for the courts in this respect.

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Final decision

13. Miss X complained that the Council unreasonably failed to take action about damp and mould growth in a property she lived in. But we will not investigate this matter as we have already considered parts of Miss X’s complaint, she has complained late and, in any case, the main issues in question should be decided in court.

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Investigator's decision on behalf of the Ombudsman