Summary: We will not investigate this complaint about the Council’s failure to repair Miss X’s radiators. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Miss X complained the Council would not repair her radiators free of charge.

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The Ombudsman’s role and powers

2. We investigate 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 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

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

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My assessment

5. Miss X bought her home from the Council under its right to buy scheme several years ago. She complained to the Council about its failure to replace radiators it had identified as not working several years ago.
6. The Council told Miss X that as she is a leaseholder, she is responsible for paying for any repairs needed at her home.
7. Miss X has brought the complaint to us as she is unhappy with the Council’s decision. The Council’s policy regarding leaseholders states it is their responsibility to carry out and pay for any repairs needed within their home. The Council has suitably explained this to Miss X. An investigation would therefore be unlikely to result in finding fault with the Council’s actions.

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Final decision

8. We will not investigate Miss X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman