Dartford Borough Council (21 008 708)

Category : Housing > Other

Decision : Closed after initial enquiries

Decision date : 26 Oct 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s handling of matters relating to Mr X’s housing situation. This is because we are unlikely to find evidence of fault by the Council.

The complaint

  1. The complainant, who I refer to as Mr X, says the Council is refusing to help him move away from his current property where he has had problems with his neighbours and he wants support for his mental health problems.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide:
  • there is not enough evidence of fault to justify investigating, or
  • we could not add to any previous investigation by the Council, or
  • further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by Mr X, including the Council’s response to his complaint.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X is a secure tenant who wants to move away from his current home. He reported a number of incidents of threats and anti-social behaviour by his neighbours to both the Council and the Police but no evidence was found to support his allegations.
  2. The Council arranged temporary alternative accommodation for Mr X but he did not want it. The Council has also offered support around his health and well-being and has offered to contact the appropriate support services, as it had done previously for him. It has advised Mr X that if he does not want to continue to live at his current property, given his tenancy history, his best option is to seek a mutual exchange which the Council can help him with.
  3. As the Council has responded appropriately to Mr X, I see no grounds which warrant investigation by the Ombudsman. Tenancy and mutual exchange issues come under the authority of a different Ombudsman, the Housing Ombudsman, and the Council has already given Mr X details about this service.

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Final decision

  1. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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