Summary: We will not investigate this complaint about the Council’s failure to tell Ms X about the results of its inspection of her rented home. Any fault caused by its failure to write to her has not resulted in any significant injustice to Ms X.

The complaint

1. Ms X complained about the Council’s failure to notify her of the outcome of an inspection of her rented property which was carried out in April 2021. She says she was not told about any repairs required of the landlord or about overcrowding which she says she is suffering from.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• we could not add to any previous investigation by the organisation.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X asked the Council to inspect her rented flat because it was suffering from dampness and because she says she is suffering from overcrowding as the flat is now too small for her family.
6. The inspection took place in April 2021 but the Council officer did not write to her following the inspection. The Council says advice was given to Ms X about managing condensation in her home by the officer but this should have been confirmed in writing, together with overcrowding advice. It says the delay was caused by problems arising from the Covid-19 restrictions and the staffing problems resulting from it.
7. The Council says no hazards were identified under the Housing Act 2004 which would the landlord to take action. It advised Ms X in 2022 that it confirmed her statutory overcrowding under the Housing Act 1985. However, it cannot take action against the landlord over this because when the property was let to her it was suitable for the size of her family at the time. It will not take any action against Ms X for causing or permitting overcrowding because her children were born after the tenancy commenced.
8. In such situations the Council should advise the occupant to apply to the local authority for housing. Ms X has already applied for housing and her application includes the overcrowding problem which is reflected in her assessment. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme.
9. We will not investigate the Council’s failure to advise Ms X earlier about the outcome of the inspection. It would not have affected her circumstances or changed her housing priority had it done so.

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Final decision

10. We will not investigate this complaint about the Council’s failure to tell Ms X about the results of its inspection of her rented home. Any fault caused by its failure to write to her has not resulted in any significant injustice to Ms X.

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Investigator's decision on behalf of the Ombudsman