Summary: We will not investigate this complaint about damage to Ms X’s property, and the way the Council considered her complaint about the matter. There is not enough evidence of fault to justify an investigation, and we cannot achieve the outcome Ms X wants.

The complaint

1. Ms X complains about damage to her property by Council tenants, and the Council’s complaint handling about the matter.
2. Ms X said that it has caused distress.
3. Ms X wants the Council to properly consider her complaint, provide documents she has asked for and compensate her.

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The Ombudsman’s role and powers

4. 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 cannot achieve the outcome someone wants.

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

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X owned a property that housed Council tenants for several years. During that period the Council completed property inspections and informed Ms X of repairs and works required. When the property was vacated, Ms X complained to the Council about damage to it.
8. Ms X was unhappy that an officer, as she sees it, connected to the complaint considered and responded to her stage one complaint. However, as Ms X requested escalation to stage two her complaint was reviewed by a more senior officer.
9. We will not investigate this part of Ms X’s complaint. There is not enough evidence of fault in the Council’s complaint handling to justify an investigation.
10. The Council did not uphold Ms X’s complaint, but it did offer her £1400 for repairs not caused by tenant damage. I have considered this, taking into account our Guidance on Remedies. The sum offered by the Council is greater than what we could recommend. We therefore cannot achieve the outcome Ms X wants. Only a court can award compensation for loss or damage.

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Final decision

11. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation, and we cannot achieve the outcome Ms X wants.

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Investigator's decision on behalf of the Ombudsman