Summary: We will not investigate this complaint that the Council has not moved the complainant, and her family, despite the family suffering from anti-social behaviour from neighbours. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council will not move her father to a smaller home despite the family experiencing anti-social behaviour (ASB) from neighbours.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered letters the Council wrote to Ms X’s father and comments Ms X made in reply to a draft of this decision.

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What I found

What happened

4. Ms X lives with her father. Her father holds the tenancy. Ms X says her father has dementia. Ms X has not provided any evidence that she has authority to act for her father or that she has power of attorney for her father.
5. Ms X complains the Council will not move the family to a smaller home despite the family suffering serious ASB from neighbours.
6. Ms X submitted a housing application. Ms X is not the tenant, and the Council did not have authority permitting her to act on her father’s behalf. For this reason the Council replied to her father. The Council asked for information to support the housing application. It specifically asked for information to support the request to move due to ASB. Her father did not provide the information so the Council closed the application in November.
7. The Council says that Ms X’s father did not challenge the decision, or make a new application, and nobody with authority to act for the father has submitted a new housing application.
8. Ms X says the family has recently submitted a new housing application which they are waiting for the Council to assess. She says they have also submitted evidence of the ASB.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council could only allow Ms X’s father to move if he had a live housing application and he was on the housing register. At the time of making the complaint neither Ms X, nor her father, had a live housing application and neither are on the housing register. Ms X says the family has now made an application and it will be for the Council to decide if they are eligible to join the housing register. Even if they do join the register it might be many months or years before they move. This is due to the severe shortage of social housing.

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Final decision

10. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman