Summary: We will not investigate this complaint about the Council’s actions following reports of a hazard. We are unlikely to find fault with the Council, and we cannot achieve the outcomes Mr X seeks.

The complaint

1. Mr X complains the Council did not act with urgency when he reported the utilities in the home he rented had been cut off due to a safety risk. Mr X says the period without utilities, and the Council’s actions impacted his mental health. Mr X wants the Council to release documents to him, support his application for a rent repayment order and for the Council to investigate its officer’s conduct. Mr X also complains about how the Council handled his complaint.

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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 we cannot achieve the outcome someone wants, or there is another body better placed to look at a complaint. (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)
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X reported to the council that his gas and electricity had been shut off. Within two days of Mr X’s report to the Council, the Council was in communication with him, the landlord and with the energy supplier. The Council assessed the situation and decided there was no immediate risk as the supplier had already taken preventive measures. We are unlikely to find fault with the Council for coming to this decision following assessment. So, we will not investigate.
8. Councils have discretionary powers to use enforcement action against landlords when they become aware of a hazard or regulatory breach. The Council decided to engage Mr X’s landlord positively to address concerns about the property, rather than use enforcement powers as a first step. The Council then escalated its actions when the information changed. The Council has explained to Mr X this is its preferred approach to resolving housing issues, and we are unlikely to find fault with the Council for its actions. So, we will not investigate.
9. Mr X has used his right to make a tribunal claim against his landlord for a rent repayment order. Mr X wants the Council to support his claim, but we cannot compel the Council to involve itself in tribunal matters. So, we cannot achieve the outcome Mr X seeks.
10. 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. If Mr X asks the Council for documents through the appropriate procedure, he can then raise a complaint with the ICO if the Council does not comply. I have seen nothing in this case that would make it unreasonable to expect Mr X to follow this course of action, so we will not investigate.
11. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to investigate the substantive issue.

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Final decision

12. We will not investigate Mr X’s complaint because we are unlikely to find fault with the Council’s actions following his report of his utilities being cut off. In any event, we cannot achieve the outcomes Mr X seeks and another body can investigate a complaint about information rights.

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Investigator's decision on behalf of the Ombudsman