Summary: We will not investigate Mr X’s complaint about the Authority’s response to his report of fire safety breaches in a short-term rental accommodation. There is insufficient evidence of fault and an investigation would not lead to a different outcome.

The complaint

1. Mr X complains the Authority has failed to take appropriate action following his report of fire safety breaches in a short-term rental accommodation. He says the failure to act is putting others at risk. He wants the Authority to take appropriate enforcement action to ensure the property complies with fire safety law.

Back to top

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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Authority.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X reported fire safety concerns about a short-term rental property in the Authority’s area. In its complaint responses to Mr X, the Authority set out what action it had taken in response to his concerns. It said the case was still open and its investigations were ongoing, and it would decide whether it needed to take further action dependant on the outcome of any follow up inspections.
6. We will not investigate this complaint. Following Mr X’s report, the Authority took action to investigate his concerns and has explained to Mr X what action it has taken to date. It is for the Authority to decide if further action is needed, dependent on the outcome of its investigations. There is insufficient of fault in the Authority’s actions and an investigation would not lead to a different outcome.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman