Summary: We will not investigate Mr X complaint about the Council’s response to disrepair in his privately rented property. There is insufficient evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council did not help when he reported a leak, and damp and mould growth in his privately rented property. Mr X also complains of poor communication and complaint handling.

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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. Mr X informed the Council there had been a leak in his privately rented property and there was damp and mould growth.
6. The Council contacted Mr X’s landlord who confirmed the leak had been fixed. They also confirmed that following a request from Mr X, they had agreed to release Mr X from his tenancy. The Council also reviewed Mr X’s images of the damp and mould growth and decided it was unlikely to be a hazard.
7. There is insufficient evidence of fault by the Council to justify investigation. The Council investigated Mr X's reports of disrepair, leased with his landlord, and satisfied itself there was not a serious hazard.
8. We will also not investigate how the Council dealt with Mr X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman