Summary: We will not investigate Miss X’s complaint about how the Council handled her report about disrepair in her home. This is because there is not enough evidence of fault to justify an investigation by the Ombudsman.

The complaint

1. Miss X complains the Council failed to consider her family’s vulnerabilities when she reported disrepair in her home. She says it failed to use its enforcement powers to prevent a retaliatory eviction, and it handled her complaint poorly.

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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. Miss X complains the Council failed to consider her family’s specific vulnerabilities when she reported disrepair in her private rented accommodation. The Council carried out a Housing Health and Safety Rating System inspection. This is based on the principle that a home should be a safe and healthy environment for any potential occupier.
6. The Council identified several category 2 hazards in the home. It decided, in line with its policy, to work with the landlord to resolve the issues rather than take enforcement action. Miss X says that this led to the landlord evicting her family. The Council said she was evicted 11 months after she reported the issues. An Improvement Notice only protects a tenant from retaliatory eviction for six months.
7. I will not investigate this complaint as the Council has acted in line with its enforcement policy and with its statutory duty. Based on the evidence I have seen, there is not enough evidence of fault to justify an investigation by the Ombudsman.
8. Miss X has complained about poor handling of her complaint. It is not a good use of public resources to investigate complaints about complaint handling when we are not investigating the substantive matter.

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Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman