Summary: We will not investigate Ms X’s complaint about the Council's response to her reports of safety hazards and other concerns regarding her private housing. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council has failed to act following her reports of hazards, overcrowding and other concerns related to her private rented housing. She says the matter has caused distress and uncertainty, affected her health and she does not feel safe in her home. She wants the Council to take appropriate action in response to her concerns.

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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))

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. 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.
7. In response to Ms X’s concerns, the Council visited her property and completed an assessment under the HHRS. It communicated with Ms X’s landlord and the other tenants regarding her concerns as part of its investigation. The Council did not identify any category one hazards. It decided enforcement action was not warranted so it closed the case.
8. We will not investigate this complaint. Although I accept Ms X wants the Council to take further action, the Council did not identify any category one hazards in the property so there was no duty to take enforcement action. It communicated with her landlord to try to resolve her concerns regarding potential hazards and tenancy related matters. This is a proportionate response to her concerns. There is insufficient evidence of fault in the Council’s actions to warrant an investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman