Summary: We will not investigate this complaint about the Council’s response after Miss X reported disrepair and hazards at the property she privately rents. This is because it is unlikely we will find fault by the Council and we cannot achieve the outcome she seeks.

The complaint

1. Miss X complains about how the Council handled her housing disrepair case. She reported serious damp problems and harmful living conditions that she said caused significant health issues for her family. She says she repeatedly raised these concerns with the Council, but inspections were inadequate and repairs remain outstanding. She says the Council failed in its duty to protect tenants, especially children, from unsafe housing conditions. She wants a full investigation into the Council Officers’ actions, which she believes were negligent

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

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How I considered this complaint

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

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My assessment

6. Miss X reported widespread mould in her home and raised health and safety concerns. The Council inspected the property in February 2025. Officers found surface mould but no leaks or penetrating damp. In March 2025, the landlord treated the mould, cleaned the affected areas, and redecorated. A reinspection later that month confirmed there was no damp caused by roof or gutter defects. The landlord scheduled roof and gutter repairs for April 2025 and informed Miss X.
7. Miss X remained dissatisfied. She said she had detailed discussions with the Council Officer about ongoing roof and rainwater disrepair, which she believed caused damp and mould. She claimed the Officer dismissed her concerns, failed to act against the landlord, and spoke to her rudely.
8. The Council sent a different Officer to inspect the property. This Officer found most damp and mould works complete and confirmed roof and gutter repairs were finished. They noted slight damp on the ground-floor corridor wall and some defective tiles on the front roof. They found no active leaks in the first-floor front bedroom, although the ceiling was discoloured. They reported these issues to the landlord for further investigation and repair.
9. The Council accepted that the first Officer should have noted these defects and upheld this part of Miss X’s complaint. It did not uphold the complaint about the Officer’s behaviour because the Officer denied being rude.
10. Miss X said she had previously raised similar issues. She claimed an earlier inspection resulted in a list of 36 repairs, fewer than half of which were completed. The Council said it reviewed the earlier case from 2023–2024, where Miss X confirmed in May 2024 that works were complete and agreed for the Council to close its case.
11. The Council inspected the property, required the landlord to make repairs, and confirmed the work was completed. It followed its policies and legal duties. The case remains open for Miss X to report further issues, and the Council continues to monitor the situation. Enforcement action against landlords can be lengthy because of legal processes involved and associated appeal rights. The Council appears to have acted reasonably and in line with statutory guidelines in this case.
12. We will not investigate Miss X’s complaint because we are unlikely to find fault by the Council and we cannot provide the outcome she seeks. Our role is to investigate the Council’s actions, not individual officers for negligence or require the Council to take disciplinary action against staff.

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Final decision

13. We will not investigate Miss X’s complaint because it is unlikely we will find fault by the Council and we cannot achieve the outcome she seeks.

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Investigator's decision on behalf of the Ombudsman