Summary: We will not investigate this complaint about how the Council dealt with reports of private property disrepair. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council sided with his Landlord after he reported disrepair in his rented property. He said the Council had asked the Landlord to complete improvements, but the Landlord had accused Mr X of not allowing him access to the property. Mr X said the Council had believed his Landlord and not considered his health needs which made arranging access difficult.

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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.

(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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Following Mr X’s report of disrepair, the Council completed an inspection of his property. It sent his Landlord a formal letter asking them to undertake remedial work. It sent Mr X a copy of the requested schedule of works. There is no evidence of fault in how the Council responded to Mr X’s concerns about the disrepair.
6. Mr X contacted the Council around six weeks later explaining he was struggling to agree dates to access the property with his Landlord. The Council considered information provided by Mr X and his Landlord. In its complaint response the Council confirmed it spoke both of them about the need to agree access times. The Council said it may decide to withdraw its service if it decided there was evidence of a clear obstruction preventing the Landlord from gaining access to complete the requested works.
7. We will not investigate Mr X’s complaint the Council sided with his Landlord. The Council has considered Mr X’s evidence and spoken to both parties. There is no evidence it has sided with the Landlord. The Council has explained it may withdraw its service to Mr X, but it has not said it will. There is not enough evidence of fault to justify our involvement.
8. Mr X said the Court has recently considered the access issues to the property. Mr X can share the outcome of that court hearing with the Council if required.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman