Summary: We will not investigate Miss X’s complaint the Council failed to support her with the significant disrepair in her property. This is because there is insufficient evidence of fault.

The complaint

1. Miss X complains the Council failed to support her with the significant disrepair in her property. She says her property was ruined by the disrepair.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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 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. Miss X first raised concerns about the disrepair in her property in April 2022. The Council noted it closed the case as Miss X refused to allow access to the property to her landlord’s contractors.
7. Miss X was aware of her concerns more than 12 months ago and there are no good reasons for why she could not have complained to us earlier. Therefore, I will not exercise discretion to consider matters than occurred more than 12 months ago.
8. We can consider matters that occurred within the last 12 months of when Miss X complained to us, from June 2023. The Council confirmed there was some contact with Miss X after June 2023, but this was related to having received a notice to quit rather than property disrepair.
9. The Council confirmed it had completed a full housing assessment at the end of October 2024 and made a referral to landlord licensing. The Council said landlord licensing advised the property was unsafe and the repairs needed were extensive. However, Miss X had refused to allow anyone into the property for repairs to be completed.
10. An investigation is not justified as we are not likely to find fault. The Council had identified there was disrepair in the property. However, given Miss X had refused access to allow repairs to be completed, it is unlikely the Council could have taken any further action against the landlord.

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Final decision

11. We will not investigate Miss X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman