Summary: We will not investigate Ms X’s complaint about the quality of works undertaken under a Warmer and Safer Homes grant. There is insufficient evidence of fault to justify an investigation.

The complaint

1. Ms X complained that works undertaken by contractors to install windows and doors under a Warmer and Safer Homes Grant were incomplete and poorly done which has caused leaks and installation problems.
2. Ms X also complained that the contractors damaged her property and stole her possessions which caused significant distress to her.

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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 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

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

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My assessment

6. In 2024, the Council’s Home Environment and Assessment Response Team (HEART) approved Ms X’s application for a grant for works to her property including the replacement of a boiler, windows and doors.
7. HEART’s agreement for the grant provided that the contract is between the applicant and the contractors in the event they used HEART approved contractors. The grant agreement also said that in the event the works were not completed satisfactorily then HEART will assist with dispute resolution. But HEART was not responsible for the cost of making good the defective works as that was the responsibility of the contractor. Ms X used HEART approved contractors to carry out the works.
8. The Council said that HEART contacted Ms X in April and May 2024 to help her resolve issues with the quality of the window and door installation. HEART wrote to Ms X in June 2024 advising it and the contractor had tried to contact her to deal with the outstanding works but had been unable to do so. HEART asked Ms X to make contact but she did not do so.
9. We will not investigate Ms X’s complaint about the windows and door installation works. The grant agreement signed by Ms X makes it clear that the contract for the works was between Ms X and the contractor. HEART’s role was therefore limited to helping Ms X with the dispute regarding the quality of the works. The evidence provided by the Council show HEART took appropriate action to help Ms X resolve her concerns about the works with the contractors. So, there is insufficient evidence of fault to justify an investigation.
10. HEART has contacted Ms X again to help resolve her concerns about the quality of the works. It will take appropriate steps to resolve Ms X’s concerns about the works in line with its grant agreement. An investigation of Ms X’s complaint will not achieve any more for her.
11. We will not investigate Ms X’s complaints about the contractors damaging and stealing her property when carrying out the boiler, window and door works. These matters are between Ms X and the contractor. The Police may also be better placed to deal with Ms X’s complaints of theft as it is a criminal matter.

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Investigator's decision on behalf of the Ombudsman