Summary: We will not investigate Mr X’s complaint about the Council’s use of its enforcement powers in response to disrepair reports for Ms Y’s and Mr Z’s private rented housing. We will also not investigate the Council’s decision to refuse Ms Y’s application for the social housing register. There is not enough evidence of fault to justify investigation, and it is reasonable for Ms Y to ask the Council to review its housing decision.

The complaint

1. Mr X complains the Council did not enforce the Improvement Notice it served on Ms Y’s and Mr Z’s landlord to complete remedial works in the property. He also complains it refused Ms Y’s recent application for the social housing register. He says Ms Y’s and Mr Z’s living conditions are worsening their physical and mental health. He wants the Council to enforce the Improvement Notice and allow Ms Y to join the social housing register.

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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
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council, and the Ombudsman’s Assessment Code.
5. I also considered the Council’s social housing allocations policy, available on its website.

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My assessment

6. In 2024, Ms Y complained to the Council about damp and mould in her and Mr Z’s private rented property. She said this was severely impacting her mental and physical health and asked the Council to rehouse them.
7. In October 2024, the Council served an Improvement Notice on Ms Y’s and Mr Z’s landlord. This required the landlord to carry out specified remedial works by December 2024, including arranging a damp survey, carrying out any works this recommended, and removing and treating mould growth.
8. In 2025, Ms Y complained to the Council that the landlord had not completed the works required to address damp and mould in the property. She requested the Council either take further enforcement action, approve her housing register application, or do both.
9. In its complaint response, the Council said it had spoken to Ms Y and visited the property and was satisfied the landlord had taken appropriate action. It said most of the works were completed by November 2024 and it listed additional improvement works the landlord had completed to address the damp and mould. It said it understood Ms Y had refused the landlord’s contractors access to carry out the remaining work. It said it had offered to complete this work instead, but Ms Y had declined. The Council said its view was that the landlord had acted reasonably and it planned to revoke the Improvement Notice once the remaining work was complete.
10. We will not investigate this part of Mr X’s complaint. The Council has explained the steps it took to ensure compliance with its Improvement Notice and that it was satisfied the landlord had taken sufficient action. There is not enough evidence of fault in the Council’s handling of this matter to justify investigation.
11. Mr X also complains about the Council’s decision to refuse Ms Y’s recent application to the social housing register.
12. In July 2025, the Council issued Ms Y its decision to refuse her application. It said this was because it did not consider she was in housing need on the grounds of disrepair in her property. It said all necessary works were now complete except internal redecoration which Ms Y had refused access for. It outlined how Ms Y could request a review of the decision, if she disagreed.
13. We will not investigate this remaining part of Mr X’s complaint. The Council set out its reasons for refusing Ms Y’s application and advised her she could request a review. It is reasonable for Ms Y to request a review, if she disagrees with its decision.

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Final decision

14. We will not investigate Mr X’s complaint on behalf of Ms Y and Mr Z. There is not enough evidence of fault to justify investigation, and it is reasonable for Ms Y to ask the Council to review its housing register decision.

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Investigator's decision on behalf of the Ombudsman