Summary: We will not investigate this complaint about the Council’s refusal to carry out a Housing Health and Safety Rating System assessment on Mr X’s privately rented property. There is not enough evidence of fault by the Council to warrant our involvement.

The complaint

1. Mr X complained the Council refused to carry out a Housing Health and Safety Rating System (HHRS) assessment on his privately rented property. Mr X said the property has hazards which require assessment.
2. Mr X also complained about the Council’s handling of his complaint.
3. Mr X said he remains at risk without a HHRS assessment.

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The Ombudsman’s role and powers

4. 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

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. Mr X complained the Council refused to carry out a HHRS assessment.
8. In response to Mr X, the Council said its policy says a person must raise any concerns with their landlord before it will consider an assessment.
9. The Council therefore directed Mr X to his landlord about the hazards he had identified.
10. Mr X said other ongoing proceedings meant he could not contact his landlord.
11. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
12. The available evidence suggests the Council acted in line with its policy here. I do not consider Mr X’s submissions about being unable to contact his landlord would warrant the Council stepping outside its policy.
13. There is not enough evidence of fault by the Council to warrant our involvement and so we will not investigate.
14. As we will not investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint because it is not proportionate to do so.

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Final decision

15. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman