Torbay Council (22 018 208)
Category : Housing > Private housing
Decision : Closed after initial enquiries
Decision date : 03 May 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the way a Council housing officer dealt with disrepair issues at a property owned and rented out by Mr X. This is because we are unlikely to find evidence of fault by the Council.
The complaint
- The complainant, who I refer to as Mr X, complains about the behaviour of a Council housing officer who dealt with reports of disrepair at the property he was renting out to a tenant. Mr X says the officer was rude, arrogant and a bully who harassed him.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by Mr X and the Council, including its response to his complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council about the behaviour of the housing officer who dealt with the reports of disrepair made to the Council by Mr X’s tenant.
- The Council investigated Mr X’s complaint but did not uphold it. It found the officer had properly followed the legislation as set out by Government and explained to him that it is normal practice for officers to hand deliver legal notices and for the consequences of failing to comply with the notices to be set out.
- We do not investigate every complaint we receive. In this case, while Mr X is dissatisfied with the outcome of his complaint to the Council, there is no evidence to suggest fault in the way it dealt with matters which warrants investigation by the Ombudsman.
Final decision
- We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman