Summary: We will not investigate Ms X’s complaint about the Council’s decision to inspect a property that she rents out. This is because there is no evidence of a significant injustice to warrant an investigation.

The complaint

1. In short, Ms X complains about the Council’s decision to inspect her rental property despite her tenants moving out before Ms X sells the property.
2. Ms X says she was not kept informed by the case officer and Ms X’s attempts to contact the officer were ignored. Miss X says her poor health has been exacerbated by the Council’s action.

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The Ombudsman’s role and powers

3. 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:

• 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

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

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My assessment

6. Councils use the Housing Health and Safety Rating System to check for hazards in homes in response to complaints that a property is not safe. There is a positive duty on the Council to act on ‘category 1’ hazards. Councils work out if there is a risk of harm after visiting the relevant property.
7. Ms X emphasises the Council had no good reason to visit an empty property that was due to be sold.

8. The Council says Ms X’s tenant had complained to it that they had not had hot water since October 2024. The Council said it was not aware the property was empty as they were met by the tenant who had had requested the visit. And, in any case, in view of the legal duties on the Council it was compelled to visit in case a serious hazard existed.
9. The Council apologised for the officer not returning Ms X’s requests for an urgent call back, for not inviting her to the property visit or updating her about the outcome. It confirmed that no further action would be taken against Ms X.
10. We will not investigate. This is because the Council has apologised to Miss X for its officer’s communication shortcomings. However, as there is no evidence of a continuing injustice to Ms X to warrant an investigation, we will not investigate.

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Final decision

11. We will not investigate Miss X’s complaint because there is no significant injustice.

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Investigator's decision on behalf of the Ombudsman