Summary: We will not investigate this complaint about the Council not evicting someone for antisocial behaviour. The law prevents us investigating such complaints.

The complaint

1. Mr X complains the Council did not evict one of his neighbours, a Council tenant, for antisocial behaviour towards Mr X. The Council instead sent the tenant a warning letter. Mr X says he has severe anxiety about entering and leaving his home. Mr X wants the Council to evict the neighbour.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. 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)

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How I considered this complaint

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

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My assessment

5. The matter Mr X is unhappy about - the Council not seeking to end the perpetrator’s tenancy - concerns the Council’s management of social housing in its role as a registered provider of social housing. We have no power to consider that, as paragraph 2 explained. For the same reason, we cannot achieve what Mr X wants - the eviction of the tenant - because we cannot make any recommendations to the Council about its management of social housing.

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Final decision

6. We will not investigate Mr X’s complaint because the law prevents us doing so.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman