Summary: We will not investigate Ms X’s complaint about the Council’s handling of her housing disrepair reports. There is not enough evidence of fault to justify investigating.

The complaint

1. Ms X complained the Council did not properly investigate her reports of housing disrepair and did not serve an improvement notice on her rented property. She said the condition of the property has impacted her health and caused stress for her and her family. She would like the Council to reinvestigate her complaint, serve an improvement notice upon the property and provide her with a copy of a report her landlord commissioned.

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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, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Councils have powers under the Housing Health and Safety Rating System (“HHSRS”) to take enforcement action against private landlords where the council has identified a hazard which puts the health and safety of the tenant at risk. If a council considers a category 1 hazard exists it must take enforcement action. If a council finds a category 2 hazard it is up to the council whether to take enforcement action.
6. The Council inspected Ms X’s property and found mould which it assessed as a category 2 hazard. The Council made recommendations to Ms X’s landlord to address the mould. In its complaint response, the Council told Ms X the landlord had provided evidence they had completed the Council’s recommendations.
7. Ms X complained the Council had not issued an improvement notice on her property. In its complaint response, the Council explained the process for enforcement action and noted the case officer had determined that enforcement action was not appropriate at the time of their inspection.
8. It is for the Council to reach a professional judgement based on the information available and the HHSRS scoring system to determine the category of hazard. There is not enough evidence of fault in the Council’s decision making.
9. It is also up to the Council to decide whether to take enforcement action. The Council has explained why it has not done so. We will not investigate this complaint because there is not enough evidence of fault to justify an investigation.
10. In its complaint response, the Council advised Ms X that a further inspection of her property had been scheduled. Further investigation would not lead to a different outcome.
11. Ms X asked the Council to share a copy of a report commissioned by her landlord. The Council declined to share the report with Ms X. The Ombudsman will not usually investigate matters regarding data or information sharing. This is because the Information Commissioner’s Office (ICO) was set up to investigate complaints of this nature. It would therefore be reasonable for Ms X to refer her complaint about the Council not sharing the landlord’s report to the ICO.

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Final decision

12. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman