Summary: We will not investigate this complaint about the Council’s handling of matters relating to damage caused by Mr X’s private tenant. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains the Council’s mishandled matters relating to damage caused to his property by a private tenant which led him to incur unnecessary costs.

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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, 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 information provided by the complainant and the Council, including its response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about damage caused to his property by his private tenant which the Council made worse by mishandling matters.
6. The Council explained to Mr X that it was not responsible for obligations imposed on his tenant under the tenancy agreement with Mr X and that any breaches were a private matter between him and the tenant.
7. While Mr X’s distress at the state of his property caused by the actions of the tenant are understandable, there is no evidence to suggest fault by the Council which warrants investigation.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman