Summary: We cannot investigate this complaint the Council did not take steps to address noise nuisance caused by poor sound insulation. We have no jurisdiction to investigate the Council where it is acting as a social landlord.

The complaint

1. Mr X complained about how the Council dealt with his reports of noise nuisance from a flat occupied by social housing tenants. He said the Council identified the noise nuisance was caused by poor sound insulation after it removed carpets when the previous tenants left. However, it took no steps to rectify the problem with the flat. He said the Council was not adhering to its own policy on alterations to properties.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X was a private tenant who lived in a block of flats. Mr X contacted the Council as he was experiencing noise nuisance from another flat in the block. That flat was lived in by social housing tenants.
8. The Council visited Mr X; it observed a high level of noise in his property, however, on further investigation found the noise from the other flat was not excessive. It said there was no evidence of statutory noise nuisance, but poor sound insulation was causing the disturbance in Mr X’s flat.
9. Mr X asked the Council to address this through carpeting the other flat, however the Council refused. In its complaint response, it explained its responsibilities for carpeting properties it leased to social housing tenants.
10. Although Mr X is unhappy with the Council’s response, we cannot investigate his complaint about its decision not to address the sound proofing. That is because any decision about how the Council dealt with the management or maintenance issues of that flat fall under its role as a social landlord. We have no jurisdiction to investigate councils when they are acting as social landlords.
11. In addition, the Council investigated the reports in line with its procedure; it visited Mr X’s property, contacted the neighbouring flat and offered to install noise monitoring equipment. It explained the noise did not amount to a statutory nuisance. There is not enough evidence of fault in how the Council responded to his reports of noise nuisance to justify our involvement.

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Final decision

12. We cannot investigate Mr X’s complaint because we cannot investigate the actions of councils where they are acting as a social landlord.

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Investigator's decision on behalf of the Ombudsman