Summary: We will not investigate Miss X’s complaint about the Council’s handling of her housing disrepair reports. This is because there is not enough evidence of fault and we cannot achieve the outcome requested.

The complaint

1. Miss X complained the Council did not take appropriate action when she reported her home was unsafe due to health and safety concerns. She said the time she spent on raising her complaint had put her under significant distress. She wants the Council to apologise, provide compensation and ensure that qualified staff carry out future property visits.

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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, or
• we cannot achieve the outcome someone wants.

(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 Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Private tenants may complain to their council if their landlord fails to keep the property in good repair. If it considers it appropriate, the Council should carry out an inspection to identify whether there are any category 1 or 2 hazards using the Housing Health and Safety Rating System (HHSRS).
6. Miss X contacted the Council following her concerns about the gas boiler in her private rented accommodation.
7. In its complaint response, the Council said it visited Miss X’s property on 9 September 2025 but could not access the boiler. It compiled a list of other items to be fixed at the property and shared this with Miss X’s landlord.
8. It arranged a second visit to Miss X’s property on 18 September with a staff member who was experienced in gas heating systems. The Council’s second visit concluded the boiler was working and there were no immediate safety concerns. The Council said Miss X’s landlord later provided a copy of the gas safety certificate for the boiler dated 4 September 2025. The Council said it checked the credentials of the Gas Safe Engineer that carried out the inspection on 4 September 2025 and was satisfied the engineer was suitably registered and the certificate was legitimate.
9. Miss X then contacted the Gas Safe Register to discuss her concerns about the boiler. The Gas Safe Register sent a Gas Safe Engineer to inspect the boiler at Miss X’s property on 2 October 2025. This engineer deemed the boiler to be unsafe on 7 October 2025.
10. In its complaint response, the Council said it contacted the landlord about the boiler in October 2025 and carried out a follow-up inspection. The Council apologised to Miss X for distress and upset, and noted that any discrepancies identified by the October 2025 boiler inspection were under the remit of Gas Safe as the regulatory authority for Gas Safe Engineers.
11. We will not investigate this complaint because there is not enough evidence of fault to justify investigating. The Council responded appropriately to Miss X’s safety concerns at her private rented property by carrying out inspections. The Council assessed the risk from the boiler in line with HHSRS guidance and obtained a gas safety certificate from Miss X’s landlord. Despite the later concerns raised, it is unlikely we would criticise the Council for relying on the gas safety certificate provided as part of its decision making. Any concern about the competency of the first engineer would be a matter for the regulatory body.
12. Additionally, we will not investigate this complaint because we cannot achieve the outcome Miss X wants. We cannot require the Council to send Gas Safe qualified staff to future property inspections.

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Final decision

13. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating, and we cannot achieve the outcome requested.

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Investigator's decision on behalf of the Ombudsman