Summary: We will not investigate Ms X’s complaint about the Council’s response to her reports of private housing disrepair, pest infestation and an attempted illegal eviction. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council did not take sufficient action following her reports of unsecured communal access to her private housing, a pest infestation, and an attempted illegal eviction. She says the matter caused distress and forced her to leave her property. She wants the Council to acknowledge its failures, apologise, provide a financial remedy for distress caused and act to address the issues for the remaining tenants.

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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
• further investigation would not lead to a different outcome.

(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)

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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. In its complaint responses, the Council said its officer had decided the unsecured communal access was a category 2 hazard and that it would not take formal enforcement action at that time. It acknowledged it was an ongoing issue and said it was continuing to engage with the management agent to resolve the matter.
7. The Council said it was also engaging with the management agent regarding the ongoing pest treatments and would continue to do so until the matter was resolved. In response to my enquiries, the Council said the treatment had since been completed and no further issues had been reported.
8. With regards to the alleged attempted eviction, the Council said it had provided her with advice to remain in the property, which was correct advice at the time. It signposted her to advice and support agencies. It apologised that it had not signposted her to further advice on its website.
9. We will not investigate this complaint. It is for the Council to decide whether disrepair issues found in private housing are a health and safety hazard, and if so, whether it considers the hazard a category 1 or category 2. The Council’s records show it considered the unsecured access to be a category 2 hazard. Although I acknowledge Ms X disagrees with this position, this was the Council’s decision to reach. For category 2 hazards, any enforcement action is discretionary. Although the Council considered enforcement action, it ultimately decided to resolve the matter informally through engagement with the landlord. There is insufficient evidence of fault in the Council’s actions to warrant an investigation.
10. The records show the Council was continuing to liaise with the management agent regarding pest treatments until Ms X left the property in January 2026. The matter is now resolved. There is insufficient evidence of fault in the Council’s actions and an investigation would not achieve anything further.
11. When Ms X told the Council she had been threatened with eviction, the Council provided appropriate advice to remain in the property and seek further advice. It acknowledged it could have signposted her to further information and apologised for this. We will not investigate this further. Although I accept this matter caused Ms X distress, the Council provided appropriate advice and Ms X moved out of the property before any formal action was taken. An investigation would not lead to a different outcome or achieve anything more.

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Final decision

12. We will not investigate Ms X’s complaint because there is insufficient evidence of fault and an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman