Summary: We will not investigate this complaint about the Council’s failure to manage the behaviour of one of its tenants over a number of years. The Ombudsman cannot investigate the actions of social housing landlords.

The complaint

1. Mr X says the Council’s housing authority has failed to resolve his complaints about his neighbour who is a social housing tenant over a period of years. He says the tenant has breached several tenancy conditions and police have been involved over the behaviour of her family in the past. The Council has not kept him informed about the progress of its action or the involvement of other council services relating to child welfare.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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. Mr X says his neighbour who is a social housing tenant has breached the tenancy conditions with regard to their behaviour and the condition of the property since 2012. He says there have been issues concerning rubbish outside, dog fouling and the behaviour of the family. He also says he has been concerned about the welfare of children over the years and reported the matter to social services.
7. He has made formal complaints to the housing authority about its lack of communication over the progress of its actions against the tenant. The housing authority says it has had extensive involvement with the tenant over the years and has had multi-agency involvement with social services, health and the police. It has involved Mr X where possible, but many issues are family matters and could not be divulged to Mr X without the neighbour’s consent due to data protection regulations.
8. Since 2013 the Ombudsman has had no jurisdiction over the management of social housing tenancies. We have some discretion to consider complaints about matters older than the 12-month limit for accepting complaints but in this case there is a statutory bar against investigating the housing body.

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Final decision

9. We will not investigate @

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman