Stockton-on-Tees Borough Council (21 012 450)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a neighbour’s CCTV installation and the effect on Mr and Mrs X’s privacy. We have no jurisdiction to investigate complaints about social housing tenants and the Council has had no direct involvement with the dispute.
The complaint
- Mr and Mrs X complained about a neighbour installing CCTV which they say intrudes on their privacy. The neighbour who is a social housing tenant of a housing association and the Council says it has had no involvement in the complaint as it is a landlord and tenant matter. The complainants want the Council to intervene in the privacy matter.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr and Mrs X complained to the Council about a neighbour’s installation of CCTV which they say intrudes on their privacy. The Council told them that the neighbour is a tenant of a housing association, and the Council has no authority to deal with complaints about tenants of this body. It advised them to contact the Information Commissioner and the Police.
- We have no jurisdiction to investigate complaints about social housing tenants. The complainants took the matter to the Housing Ombudsman Service but because they are not tenants they could not use this service. Such matters concerning private nuisance or harassment between householders are normally subject to civil proceedings.
- Mr and Mrs X have complained to the office of the Information Commissioner which is the proper body to consider data protection matters.
Final decision
- We will not investigate this complaint about a neighbour’s CCTV installation and the effect on Mr and Mrs X’s privacy. We have no jurisdiction to investigate complaints about social housing tenants and the Council has had no direct involvement with the dispute.
Investigator's decision on behalf of the Ombudsman