Summary: We will not investigate Ms X’s complaint about the Council's response to safety and over-occupancy concerns regarding her home. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council has failed to investigate safety and over-occupancy concerns regarding her home. It has also failed to investigate whether the landlord issued a Section 21 eviction notice in retaliation for her complaints. She says the Council’s failures have impacted on her wellbeing and meant she has taken time and trouble to pursue her complaint. She wants the Council to acknowledge its failures, investigate her concerns, apologise for the distress and inconvenience caused and provide a financial remedy to reflect the impact of its failures.

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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. Following Ms X’s correspondence, the Council set out its position and how it was responding to her concerns. It said at present, it was satisfied the property did not meet the criteria to need a licence as a House of Multiple Occupation (HMO). It said it was continuing to engage with the landlord about her concerns, and the landlord had agreed to complete further checks to ensure others were not living at the property. It said it was also working with the landlord to ensure compliance with their electrical safety obligations. It said it was the landlord’s decision to issue the Section 21 eviction notice and the Council was not responsible for this decision.
6. We will not investigate this complaint. Although I acknowledge Ms X remains unhappy with the Council’s actions and wants it to do more, I am satisfied the Council has appropriately considered and responded to her concerns. There is insufficient evidence of fault to warrant an investigation.

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Final decision

7. 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