Birmingham City Council (22 015 401)

Category : Housing > Homelessness

Decision : Closed after initial enquiries

Decision date : 07 Jun 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about disrepair of a balcony light at the complainants flat. There is not enough significant injustice to justify our involvement.

The complaint

  1. Ms X complained the Council had failed to repair a balcony light at her flat. She said she could not use the outside space and wants the Council to compensate her.

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The Ombudsman’s role and powers

  1. 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:
  2. any injustice is not significant enough to justify our involvement, and
  3. further investigation will not lead to a different outcome.
  4. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
  2. Miss X complained the Council did not fix a balcony light when she was living in temporary accommodation. In the Council’s complaint response, it apologised for delays in repairing the light and any inconvenience that caused. We will not investigate this complaint. Any injustice Miss X has experienced by delays in the Council fixing her balcony light is not significant enough to justify our investigating. The Council has apologised. Further investigation will not lead to a different outcome.

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Final decision

  1. We will not investigate Ms X’s complaint because there is not enough significant injustice to justify our involvement.

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Investigator's decision on behalf of the Ombudsman

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