Summary: We will not investigate this complaint about the Council’s investigation of disrepair at Mr X’s property. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says the Council did not sufficiently investigate disrepair in his property which is causing him severe health problems. He says despite evidence of mould, it failed to class this as a Category 1 hazard so he cannot get help to obtain suitable housing.

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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’. 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 the decision making, 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council about disrepair in his privately rented property and particularly about mould within the flat.
7. The Council visited and while it found no Category 1 hazards ie those classed as a serious hazard, it did send a schedule of works to the landlord, including the a requirement to replace or refurbish the windows in the flat. This work was carried out by the landlord.
8. Unhappy that the Council did not accept his view that mould in his flat was a Category 1 hazard, officers visited again. However, they found no evidence of mould or damp which required enforcement action.
9. It is not our role to act as a point of appeal. We cannot question decisions taken by councils with officers using their professional judgement when they have followed the right steps and considered the relevant evidence and information.
10. While Mr X may be dissatisfied with the Council’s decision, there is no evidence to suggest fault affected it and we will not investigate the complaint.

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Final decision

11. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman