Summary: Ms X complained about the Council’s failure to inspect her housing association home under the HHSRS safety regulations. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation by the Ombudsman.

The complaint

1. The complainant, whom I shall call Ms X, complains about the Council refusing to inspect her home which she says is suffering from disrepair which the housing association landlord has not dealt with. She says she is disabled and her disabled son who lives with her is also suffering from the disrepair. She wants the Council to inspect her home for housing safety hazards and compel her landlord to carry out repairs.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Ms X submitted with her complaint. I have also considered the Council’s response and Ms X has been given the opportunity to comment on the draft decision.

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What I found

4. Ms X complained to the Council about repair problems in her home. She says the heating system is inadequate and that there are faults with electrics and doors which she believes are unsafe. Council have a duty to inspect properties where complaints have been made through a magistrate or where the Council has identified repair hazards which may fall into category 1 or 2 of the HHSRS regulations. The Council told Ms X that it has contacted the housing association landlord who has drawn up a repairs programme with a contractor. There are also a number of improvements proposed under a Disabled Facilities Grant which has been authorised by the Council.
5. The government guidance on HHRSS procedures advises councils to work informally with registered social landlords rather than proceeding to enforcement where possible. In this case the Council has followed that guidance. Ms X can also take up the matter of disrepair with the Housing Ombudsman service which is the proper authority to consider such complaints from housing association tenants.
6. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.

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Final decision

7. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation by the Ombudsman.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman