Summary: We will not investigate this complaint about the Council’s handling of a disrepair enforcement case relating to Mr X’s privately rented accommodation. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains about the Council’s handling of disrepairs at his privately rented accommodation. He says progress on his case has become stuck, the Council has not done enough to exhaust all options or to get his landlord to carry out the required work. He says the case was ready for prosecution at court and the Council has blamed its withdrawal of the case on his lack of co-operation.

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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 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about its handling of the enforcement case against his landlord for disrepair following the landlord’s failure to complete works the subject of Improvement Notices issued to him.
7. The Council responded and explained it had been prepared to take the case to court but had needed Mr X’s assistance to counter-act the landlord’s claim that Mr X had obstructed contractors who had attempted to do the works. Without the necessary assistance from Mr X, the Council’s legal team decided the case could not be progress.
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 rights steps and considered the relevant evidence and information. While Mr X may be disappointed with the decision not to prosecute his case, there is no evidence to suggest fault affected it.
9. In response to my initial enquiries, the Council has confirmed that the disrepairs are still being pursued with a provisional date set for the works and that it is awaiting confirmation from Mr X which it has yet to receive. It has said while the case is still open it is wholly reliant on his co-operation so progress of the case rests with Mr X.

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Final decision

10. We will not investigate Mr 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