London Borough of Islington (20 012 781)

Category : Housing > Other

Decision : Closed after initial enquiries

Decision date : 15 Apr 2021

The Ombudsman's final decision:

Summary: Miss X complained about the Council’s failure to deal with her complaints about noise from works in a neighbouring council flat, the installation of CCTV by her neighbours and its conduct of child protection proceedings and a care order which removed her son from her household. We cannot investigate this complaint. This is because it concerns the actions of a social housing landlord. We cannot consider the complaints about contact and custody of her son because this has been the subject of a separate complaint to us previously decided.

The complaint

  1. Miss X complained about the Council’s failure to take action about works to a neighbouring flat which she says would cause noise nuisance to her. She says her council landlord also threatened her tenancy over noise from her own use of a washing machine during daytime. She also complained about her neighbours installing a CCTV camera in 2018 and subsequent behaviour. Miss X says the Council unfairly used the courts to remove her son from her care and has caused her concerns about his welfare.

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The Ombudsman’s role and powers

  1. 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)
  2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

  1. I have considered all the information which Miss X submitted with her complaint. Miss X has been given an opportunity to comment on a draft copy of my decision.

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What I found

  1. Miss X complained about issues involving the Council’s housing management of her tenancy and neighbours. She also complained about care proceedings involving her son. She says the Council carried out work to a neighbouring flat which caused her concerns about noise nuisance. She says the Council wrote to her about using her washing machine for long periods in the daytime which was unfair.
  2. Miss X complained about her neighbours installing a CCTV camera in 2018. This was the subject of a complaint to the Housing Ombudsman and the Council says it will not consider it further.
  3. Miss X says the Council took care proceedings to remove her son from her home. She says it is not looking after his welfare needs properly and wants him to be returned.
  4. Analysis
  5. Miss X has complained about the actions of a social housing landlord and tenancy matters going back to 2018. We cannot investigate complaints about the conduct of social housing landlords. Miss X has already involved the services of the Housing Ombudsman service which is the proper body to consider such matters.
  6. Miss X complained about the involvement of children’s services and care proceedings involving her son. We cannot investigate complaints about matters which have been subject to court proceedings. This matter has been previously considered in complaint reference 20000481 and we cannot consider it further.

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Final decision

  1. we cannot investigate this complaint. This is because it concerns the actions of a social housing landlord. We cannot consider the complaints about contact and custody of her son because this has been the subject of a separate complaint to us previously decided.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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