Dorset Council (23 003 816)
Category : Housing > Private housing
Decision : Closed after initial enquiries
Decision date : 10 Jul 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of matters relating to EICR Regulations and Mr X’s tenanted property. This is because there is no evidence of fault by the Council or injustice caused to Mr X sufficient to warrant an investigation.
The complaint
- The complainant, who I refer to as Mr X, complains about the Council’s handling of matters relating to EICR Regulations and the property he owns and rents out to tenants.
The Ombudsman’s role and powers
- We investigate 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, or
- any injustice is not significant enough to justify our involvement, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X’s representative, including the Council’s response to the complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s representative complained to the Council on Mr X’s behalf about the way the Council had dealt with matters concerning the EICR requirements for the property Mr X rents out to tenants.
- Mr X alleged the officer dealing with the case had mishandled it but the Council did not accept his claim.
- We do not investigate every complaint we receive. We are funded by the public purse and have an obligation to use those funds in an effective, efficient and economic manner. Here, while Mr X’s representative believes he and his family have suffered to a significant degree, particularly with regard to the officer’s communications about the required EICR Report, there is no evidence of fault or injustice sufficient to warrant an investigation by the Ombudsman.
Final decision
- We will not investigate Mr X’s complaint because there is no evidence of fault by the Council or injustice caused to Mr X sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman