Summary: We cannot investigate this complaint. This is because we have no jurisdiction to investigate social housing landlords and the investigation was subject to court proceedings in 2020. We have no jurisdiction to consider any matter which has been considered by a court.

The complaint

1. Miss X says the Council treated her unfairly for three years when it undertook a fraud investigation against her. She also says her housing landlord unfairly served her with a notice of seeking possession in 2018 which was subsequently not followed further. She says she was treated like a criminal for three years and she wants compensation for her family’s experience.

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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 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)
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.
7. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

8. Miss X says the Council and her landlord investigated her under its prevention of social housing fraud powers in 2017. Her social housing landlord served her with a notice of seeking possession in 2018 and the case proceeded to the court in May 2020.
9. The court issued an order in 2020 that the matter had been settled by mutual agreement. Miss X says the investigation and court action was unreasonable and she was treated like a criminal. The Council says if she believed the investigation and court action was flawed, she could have continued to a full hearing and sought costs from the Council using her legal advisors. she did not do so.
10. The Ombudsman has no authority to investigate matters which have been subject to court proceedings. We cannot investigate the actions of social housing landlords and the serving of the possession notice was a tenancy matter.

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Final decision

We cannot investigate this complaint. This is because we have no jurisdiction to investigate social housing landlords and the investigation was subject to court proceedings in 2020. We have no jurisdiction to consider any matter which has been considered by a court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman