Southend-on-Sea City Council (22 013 201)
Category : Housing > Private housing
Decision : Closed after initial enquiries
Decision date : 27 Jan 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council failing to properly investigate Mr X’s complains about disrepair, harassment, and illegal eviction. This is because an investigation would not lead to any worthwhile outcomes. In addition, there is no ongoing significant injustice.
The complaint
- Mr X complains the Council did not properly investigate his complaints about disrepair, harassment, and illegal eviction. He also says the Council failed to properly support him.
The Ombudsman’s role and powers
- 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 an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X rented a property privately. In August 2021, he contacted the Council about concerns about disrepair in his property.
- The Council appropriately visited Mr X’s property and completed an inspection. It also wrote to Mr X’s landlord and asked it to complete repairs. The Council confirmed it had planned to issue an improvement notice on Mr X’s landlord. However, as Mr X’s landlord moved Mr X to another room in the property, the Council decided the notices were no longer necessary.
- Mr X left the property in December 2021. The Council noted Mr X had accepted compensation from the landlord for loss of personal belongings. Mr X said he had been harassed by the landlord and had been illegally evicted.
- The Council asked Mr X to provide evidence to support his claim he had been harassed and illegally evicted. The Council said Mr X did not provide any evidence and therefore it had not been able to progress its investigation into the matter. The Council also advised Mr X the timescale to bring a case against the landlord for illegal eviction was six months.
- An investigation is not justified as it would not lead to any worthwhile outcomes. This is because the Council can no longer bring a case against the landlord for illegal eviction as the deadline has passed. In addition, there is no ongoing significant injustice to Mr X as he no longer lives in the property and he had been appropriately compensated by the landlord for the loss of his personal belongings.
Final decision
- We will not investigate Mr X’s complaint because an investigation would not lead to any worthwhile outcomes. In addition, there is no ongoing significant injustice.
Investigator's decision on behalf of the Ombudsman