Summary: We will not investigate Miss X’s complaint about the Council’s investigation into issues with her privately rented property. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

1. Miss X complains about the Council’s investigation into issues at her privately rented property. She says that the Council has failed to take appropriate action, that there has been a lack of communication, and this issue has impacted her health.

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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:

• 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 Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Private tenants may complain to their council about a failure by the landlord to keep the property in good repair. Councils have powers under the Housing Health and Safety Rating System (HHSRS) (introduced by the Housing Act 2004, Part 1) to take enforcement action against private landlords where the council has identified a hazard which puts the health and safety of the tenant at risk. The hazards are categorised as:

• Category 1 hazards which are hazards which could cause serious harm such as death.
• Category 2 hazards are less serious hazards which may need remedial work by the landlord.

6. The government has published guidance titled ‘Housing Health and Safety System Enforcement Guidance’ which outlines councils’ duties and powers under the Housing Act with regards to housing fitness and disrepair.
7. The guidance states councils should arrange an inspection of a property if, following a complaint or other reason, to determine whether a category 1 or 2 hazard exists in the property.
8. The Council say that its communication regarding this matter could have been better and have apologised for this. It has confirmed that since a hazard awareness notification was issued against the Landlord, it has also issued two different enforcement notices which it is currently monitoring.
9. Regarding concerns raised by Miss X of excess carbon monoxide, the Council said that it inspected the property, and a senior environmental health officer completed a risk assessment, and found it was safe.
10. It is not my role to decide if the outcome of the inspection was correct. I can only consider if there was fault in the way the Council made the decisions or responded to the complaint. The Council acted appropriately by seeking the views of a qualified officer and making recommendations based on those views following the inspection. I appreciate Miss X disagrees with the findings, but we cannot question the officer’s professional judgement or say whether repairs or improvements are required at the property.
11. The Council has found other hazards and is monitoring the landlord’s actions in resolving these issues. It has also apologised for its communication shortcomings in this matter. It follows that a further investigation by us would be unlikely to add to this or lead to a different outcome.

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Final decision

12. We will not investigate Miss X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman