Summary: We will not investigate this complaint about the Council’s inspection of private rented property for hazards. There is insufficient evidence of any significant injustice which would warrant an investigation.

The complaint

1. Ms X complained about the Council’s failure to identify a tear in a mattress in her furnished accommodation as a potential hazard under its private sector licensing inspection duty.

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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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Ms X says the Council failed to accept that a tear in the corner of a mattress in the property which she was privately renting was a hazard.
6. The Council carried out an inspection of the property at Ms X’s request because she was concerned about health and safety. She identified the tear in the mattress but the Council did not consider it to be a hazard under the Housing Act 2004 Housing Health and Safety Rating System (HHSRS) provisions. The Council said that the small damage was not a health and safety issue and met fire retardance requirements. The landlord has offered to replace the mattress but the Council says Ms X refused.
7. The Council’s selective licence conditions for landlords refers to having safe furniture if provided. The Council considers that it met this requirement. The licensing conditions are not statutory requirements because any Council which believes a property does not meet the conditions of the Housing Act 2004 part 1 would have to serve a notice under that Act. The Act only refers to dwelling structures and does not include furniture within its provisions.
8. Because the tear on the mattress was not a safety issue and the fact that the landlord offered to replace it there is insufficient evidence of any significant injustice to Ms X which would warrant an investigation.
9. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

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Final decision

10. We will not investigate this complaint about the Council’s inspection of private rented property for hazards. There is insufficient evidence of any significant injustice which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman