Summary: We will not investigate this complaint about how the Council dealt with repair issues in Miss X and Ms Y’s private rented property. This is because there is no evidence of fault in the way the Council dealt with the matter.

The complaint

1. Miss X and Ms Y complain the Council failed to take action against their private landlord due to health and safety issues in their property. Miss X and Ms Y say the Council’s actions have caused serious impacts on their health and they have lost personal possessions as a result of the poor condition of the property.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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 any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Miss X and Ms Y’s complaint dates back to 2019. However, they did not complain to the Ombudsman about what happened until November 2021. Therefore, we have only considered events between November 2020 and November 2021.
9. We have discretion to set aside this restriction where we decide there are good reasons to do so. In this case I have decided not to exercise discretion. Miss X and Ms Y did not raise a complaint with the Council about its actions until March 2021 and received the Council’s final response in June 2021. I can see no reason why Miss X and Ms Y could not have complained sooner if they were unhappy with the Council’s actions.
10. The Council has inspected the property and required the landlord to carry out repairs. The repairs have been carried out, however Mss X and Ms Y have not allowed access for some works as they disagree with work required to resolve damp issues in the property. There is no fault in the actions of the Council. It has required the landlord to carry out work and monitored compliance.
11. In reaching its decision as to what work was required the Council has considered five separate damp reports including ones commissioned by Miss X and Ms Y. Miss X and Ms Y may disagree with the Council’s conclusions but without evidence of fault in the way the Council reached its decision, I cannot criticise it.

Back to top

Final decision

12. We will not investigate Miss X and Ms Y’s complaint because there is no evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman