Summary: We will not investigate Ms X’s complaint about the Council’s actions relating to reports of hazards in her rented property. There is insufficient evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council did not properly assess hazards at her privately rented property and did not make her landlord complete repair works. Ms 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. Under the Housing Act 2004 (the Act) Housing Health and Safety Rating System (HHSRS) provisions, councils have powers to take enforcement action against private landlords where the council has identified a hazard which could put the health and safety of potential occupiers at risk. Properties are assessed considering any defects and national data on risk, not the individual occupants at the time. If a council considers a category one hazard, they must take appropriate enforcement action in accordance with the Act. Councils have discretion to take action if a category two hazard is identified.
6. Ms X asked the Council to inspect her privately rented property. The Council completed a HHSRS inspection and identified a category two hazard for damp and mould growth. The Council advised Ms X’s landlord of the hazard using a hazard awareness notice and provided her landlord with a recommended schedule of works.
7. There is insufficient evidence of fault in the Council’s actions. As no category one hazard was identified, the Council was not under a duty to take enforcement action. Instead, the Council used its discretionary powers to provide Ms X’s landlord with advice. This is a proportionate step to address the level of risk identified.
8. Ms X also complains of poor communication and complaint handling. We will not investigate this part of Ms X’s complaint because it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issues.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman