Summary: We will not investigate Miss X’s complaint that the Council delayed in repairing her kitchen window. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Miss X complains that the Council have delayed in repairing her kitchen window.
2. She says the delay has caused her frustration and distress.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complains that the Council have delayed in repairing her kitchen window latch. In December, the Council advised a window repair appointment was booked for mid-January.
7. If we were to investigate it is likely we would find fault causing the complainant injustice because the Council have confirmed to us in October that the kitchen window has still not been repaired and that another repair appointment has been booked for November.
8. It appears that there has been a significant delay in repairing the window and this delay has caused Miss X distress.
9. We asked the Council to remedy the injustice caused by the fault by completing the following:

• Apologise to Miss X for the delay in repairing the window.
• Make a payment of £100 to Miss X to recognise the distress caused by the delay. Please note, this payment would be in addition to the £60 already paid to Miss X. Furthermore, the £100 payment must not be off-set against any rent arrears.
• Ensure that the repair is carried out as planned in November. The Council must communicate with Miss X in good time if the repair cannot be completed as planned for whatever reason.

Agreed action

10. The Council agreed to resolve the complaint and will complete the above within four weeks of the final decision to put things right.

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Final decision

11. We have upheld this complaint because the Council agreed to resolve the complaint early by providing an appropriate remedy for the likely injustice caused.

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Investigator's decision on behalf of the Ombudsman