Summary: We will not investigate this complaint about renovation grant funded work in 2008/9 and the current disrepair in the complainant’s home. This is because we could not achieve the outcome she is seeking.

The complaint

1. The complainant, Mrs B, complained that, following renovation grant funded works in 2008/9 for repairs to the bathroom and roof of her home, there have been constant problems with damp and leaks. Mrs B said the work was not completed to a high standard and her home has been left in a state of serious disrepair. Mrs B told us she tried to complain to the Council but it would not communicate with her.
2. Mrs B said the situation has affected her physical and mental health and she feels like a prisoner in her own home.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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:

• 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))

6. 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. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

7. I considered information provided by the complainant and the Council’s response to her complaint.
8. I considered the Ombudsman’s Assessment Code.
9. Mrs B has had an opportunity to comment on my draft decision.

Back to top

My assessment

10. Earlier this year the Council investigated Mrs B’s complaint at stage one of its complaints procedure. Two of its officers visited her home to inspect it. In its letter to Mrs B the Council said the officers found the roof of her home to be in good condition and comparable to the other roofs in the street. The officers’ view was the cracks in the kitchen were nothing to do with the 2008/9 renovation works. The Council said its officers asked Mrs B if she wanted them to inspect the rest of the property but she told them there were no issues. The Council told Mrs B its officers found nothing that could be said to be a latent defect. Their view was the problems she is experiencing are due to normal wear and tear.
11. To put things right Mrs B wants the Council to repair her home to fix all the problems.
12. In most cases we can only investigate matters people complain to us about within twelve months of becoming aware of them. Too much time has elapsed for us to be able to investigate effectively Mrs B’s complaint about the standard of the renovation work. It is not our role to substitute our judgement on the cause of the current disrepair in Mrs B’s home for that of the Council’s officers. We look at the way the Council has reached its decision to see if there has been fault in the way it reached it. In this case there is no evidence of fault in the way the Council reached its decision that the problems Mrs B is experiencing are due to normal wear and tear. The Council has considered what Mrs B said and inspected her home. There is no firm basis for us to call on the Council to provide the remedy Mrs B is seeking.

Back to top

Final decision

13. We will not investigate Mrs B’s complaint because we could not achieve the outcome she is seeking.

Back to top

Investigator's decision on behalf of the Ombudsman