Summary: We will not investigate Mrs X’s complaint about the Council’s handling of housing disrepair concerns at her property. Parts of the complaint are late and there is insufficient evidence of fault to warrant investigation of the remaining matters.

The complaint

1. Mrs X complains the Council did not properly consider the impact of property hazards on her child during a Housing Health and Safety Rating System (HHSRS) inspection. She also complains the Council did not properly respond to her information request.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So, where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
6. 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)

Back to top

How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. In 2021 the Council carried out a HHSRS inspection of Mrs X’s property and did not identify any serious hazards. Mrs X complains the Council did not properly complete the HHSRS inspection because it failed to take into account her child’s health conditions and how the property defects affect them.
10. A Housing Health and Safety Rating System (HHSRS) inspection is a statutory, evidence‑based risk assessment of the condition of a dwelling. Hazards are scored by considering the likelihood of harm and the severity of potential outcomes for potential occupiers using a standardised methodology. The assessment cannot take account of individual medical diagnoses of occupiers.
11. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mrs X did not complain to the Ombudsman until November 2025. We look at each complaint individually, on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so. We will therefore consider Mrs X complaint from November 2024.
12. In 2025 Mrs X asked the Council to reconsider if there were any serious hazards in her property. The Council explained it could not change the conclusions of the 2021 inspection but offered to carry out a new HHSRS inspection of Mrs X’s property.
13. There is insufficient evidence of fault here to warrant investigation. The Council has offered to complete a new HHSRS inspection of Mrs X’s property and it is open to Mrs X to contact the Council to arrange this.
14. Mrs X also complains about the Council’s response to her 2025 information request. The Information Commissioner’s Office is the organisation best placed to consider complaints about how organisations handle people’s data and respond to requests for information. In the absence of a wider complaint within our remit, there is not a good reason for us to consider the matter instead.

Back to top

Final decision

15. We will not investigate Mrs X’s complaint. Parts of the complaint are late and there is insufficient evidence of fault to warrant investigation of the remaining matters.

Back to top

Investigator's decision on behalf of the Ombudsman