Summary: We will not investigate this complaint about the Council’s response after Mr X reported disrepair and hazards at the property he rents. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complains about the Council’s handling of his reports of cold and mould in the bathroom of his rented property.
2. Mr X says that while the cold was dealt with, the mould remains, and the Council is denying it identified a category one hazard. Mr X would like an apology, service improvements and compensation for his suffering

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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 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))
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

5. I considered information provided by the complainant which includes the Council’s response. I have also considered the Council’s housing enforcement policy.
6. I considered the Ombudsman’s Assessment Code.

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Background

7. The Council inspected Mr X’s property in March 2025 using its powers under the Housing Act 2004 to check it was of a satisfactory standard.
8. Mr X raised a complaint in May 2025, saying the Council’s officer had failed to take formal enforcement action against the landlord. He also complained the officer had acted in a biased, untransparent manner towards him.
9. The Council responded by advising that the category one hazard - of excess cold-had been resolved mid-April with new heaters installed.
10. The Council also responded to say that its policy was only to take formal action if the landlord had failed to respond within a reasonable time frame, for example four weeks. But in this case the matter was dealt with informally due to cooperation from the managing agents. The Council said there were some slight delays arranging access but overall, all works were completed by early June 2025, and the case was closed.

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My assessment

11. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
12. We will not investigate. The Council’s housing enforcement policy and national guidance indicate that informal, initial action is reasonable when a landlord is compliant. National guidance states that it may be appropriate for an enforcing authority to wait to serve a notice unless the property owner fails to start work required within a reasonable time. I recognize Mr X is unhappy with the Council’s approach, I consider it is unlikely we will find fault with it.
13. I note Mr X was unhappy he did not receive a copy of the inspection report, but it was sent to him promptly when Mr X emailed the officer. I also note the officer in question answered his emails keeping him informed of the progress of the planned remedial works. I have not seen anything to indicate the Council denied a category one hazard existed.
14. Mr X has advised us that the damp has not been eradicated. The Council’s final response to Mr X’s complaints, dated 9 June 2025, makes no mention of additional reports from Mr X concerning damp. I consider this is a new complaint, premature under our procedures, and should be made directly to the Council first before we can consider.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman