City of Bradford Metropolitan District Council (24 009 616)
Category : Housing > Private housing
Decision : Closed after initial enquiries
Decision date : 12 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of disrepair issues at Ms X’s privately rented accommodation. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
- Ms X complains the Council has refused to take enforcement action in connection with disrepair issues at her privately rented property, ignored her health issues, lied about the landlord and agent’s willingness to do the repairs and is encouraging the use of "cowboy” contractors to carry out the repairs.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
- 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, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome, or
- we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant’s representative, including the Council’s response to the complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X complained to the Council about its failure to take enforcement action against Category 2 hazards identified at her property and about the lack of qualifications held by contractors the landlord’s agent was using to carry out the repairs.
- The Council explained it would not be taking enforcement action in relation to Category 2 hazards which the agent had been trying to address but for which access had been refused by Ms X. Apart from in certain circumstances involving gas and electrical repairs, the Council explained it cannot demand contractors used by the agent have particular qualifications or insurance.
- It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the rights steps and considered the relevant evidence and information.
- The Council has responded to Ms X’s reports of disrepair in accordance with its normal procedures and has confirmed it will check the standard of repairs once access has been granted by Ms X. There is no evidence to suggest fault by the Council or grounds sufficient to warrant an investigation.
Final decision
- We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman