Summary: We will not investigate Mrs X’s complaint about the Council’s failure to enforce a hazard awareness notice. The complaint is late and there are no good reasons for us to exercise discretion to consider it now. For the period we could consider, further investigation would not lead to a different outcome.

The complaint

1. Mrs X complained the Council failed to use its statutory powers to address a hazard in her privately rented home. Mrs X also complained about delays in the Council communicating with her.
2. Mrs X said she therefore had to live in substandard housing for a significant period of time.

The Ombudsman’s role and powers

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 consider 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. The Council served Mrs X’s landlord with a hazard awareness notice in May 2024. This was because it identified a category two hazard.
8. Mrs X contacted the Council in August 2024 because she said no associated works had been completed. She went on to complain about this in July 2025 because she said the Council had not taken any further action.
9. Mrs X complained to the Ombudsman in December 2025 and there does not appear to be any good reasons she could not have complained to us sooner.
10. As outlined in paragraph three, we cannot investigate late complaints without good reasons to do so. Mrs X has had notice of the matter for more than 12 months and therefore we will not investigate.
11. We could consider the Council’s actions within the 12 months before Mrs X complained to us.
12. In response to Mrs X’s complaint, the Council carried out a further inspection of her home in September 2025. Following this inspection, the Council said it would take further steps to address the hazard. These actions appear to be appropriate, and we would not achieve significantly more than this if we were to investigate. Therefore, we will not investigate.

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As we will not investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint or its communication with Mrs X because it is not proportionate to do so. Final decision

13. We will not investigate Mrs X’s complaint because the complaint is late and for the part we could consider further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman