Summary: We will not investigate this complaint about the Council’s decision to take legal action to enter Mr X’s property for a health and safety inspection. This is because we are unlikely to find evidence of fault.

The complaint

1. In summary, Mr X says the Council was wrong to refer to an inspection as an ‘appointment’ as he considers this suggests he is entitled to cancel it.
2. Mr X also complains the Council illegally entered his flat. And that it ignored his reasonable adjustments request to send letters by email.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide we are unlikely to find evidence of fault to justify investigating. Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered the information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X is a tenant of a registered social landlord.
8. The Council says Mr X’s landlord informed it that Mr X had not provided access for the annual gas safety inspection.
9. The Council has powers under s4 of the Housing Act 2004 to identify and action potential hazards to health and safety in dwellings in its area.
10. The Council decided it had a duty to inspect Mr X’s property to check for hazards. It said Mr X failed to provide access on an appointment it arranged for 22 November.
11. The Council said it decided to escalate the matter by applying to a Justice of the Peace (via s240 of the Housing Act 2004) for a ‘warrant of entry’ on 29 November. The Council has cited the legal authority under which it was required to provide Mr X with 24 hours’ notice. It admits hand delivering a legal letter and also sending it via email.
12. We will not investigate this complaint because it is unlikely, we are likely to find evidence of fault.
13. It is reasonable to expect Mr X to appreciate the necessity for the gas safety visit irrespective of whether it is defined as an appointment/inspection or visit. There is also nothing wrong with the Council hand delivering a legal notice as required by law. As Mr X was also emailed a copy in line with his request.

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Final decision

14. We are unlikely to find evidence of fault in the Council’s actions so we will not investigate.

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Investigator's decision on behalf of the Ombudsman