Summary: We will not investigate this complaint about the Council’s investigation of disrepair claims in a housing association property. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Ms X complained about the Council failing to carry out sufficient investigation into her reports of smells and fumes in her housing association rented home. She says officers were sent on two occasions but the smell is worse in certain weather conditions and the inspectors will not make further investigations.

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The Ombudsman’s role and powers

2. 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, 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))

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How I considered this complaint

3. I considered the information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X reported smells and fumes from the basement below to her housing association landlord in 2022. The landlord sent inspectors who tested the property with as moisture meter but they could find no evidence of smells or dampness in Ms X’s home. The landlord told her that the basement below had a high moisture level but this was normal for an uninhabited basement and was not affecting her home. Ms X does not have access to the basement as part of her tenancy.
6. Ms X reported the matter to the Council’s private sector housing team which sent officers to investigate on two occasions. They were unable to find any disrepair which would warrant action under the HHSRS hazard identification scheme.
7. Ms X says that the smell becomes worse at different time of day and weather. The Council told her that if no hazards were identified by its officers, it cannot require the landlord to rectify a fault or serve any notice on him.
8. The Council and Ms X’s landlord advised her to complain to the Housing Ombudsman Service if she still believes that there is disrepair which is affecting the enjoyment of her rented home.
9. When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about the merits of decisions. In this case the Council has investigated Ms X’s reports of disrepair but was unable to identify any faults which it could take action over.

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Final decision

10. We will not investigate this complaint about the Council’s investigation of disrepair claims in a housing association property. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman