Summary: We will not investigate this complaint about the Council’s allocations of properties close to the complainant’s home. We have seen no evidence the Council is failing to follow its published allocations policy. Also, we cannot investigate the actions of a housing association as these are outside our jurisdiction.

The complaint

1. Mr X complains a Housing Association (HA) is using a neighbouring flat to house substance abusers and people with mental health issues. Mr X also refers to a community trigger.
2. He wants the Council to stop using the flat as a rehabilitation flat.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Most of the information provided by Mr X details his concerns and correspondence with the HA, the police, and his MP. Mr X has provided correspondence from his MP which states the HA has previously advised him the flat is not used as a rehabilitation flat, rather it is used for general let.
9. We have seen no evidence the Council is not following its allocations policy, which is published on its website.

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Final decision

10. We will not investigate Mr X’s complaint because:
• we cannot consider the actions of the Housing Association as these bodies are outside our jurisdiction
• we have seen no evidence the Council is breaching its published allocations policy.

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Investigator's decision on behalf of the Ombudsman