Summary: We cannot investigate this complaint about the Council’s consideration of Mrs X’s complaint about a breach of tenancy by a Council tenant. This is because the law does not allow us to investigate complaints about the Council’s actions when its acts as a social landlord. Nor will we investigate the Council’s consideration of its wider powers to deal with complaints of Anti-social behaviour, because it is unlikely we would find fault.

The complaint

1. Mrs X said the Council failed to resolve her complaints about Anti-social behaviour (ASB), by a Council tenant, including the fact they were in breach of their tenancy agreement. Mrs X said the Council’s failure to address these issues has caused her unnecessary stress.

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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 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

4. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X told the Council about her concerns relating to what she said was noise, and a breach of a tenancy agreement by a Council tenant. Mrs X said this amounted to ASB. The Council wrote back to Mrs X and explained the steps it had taken, partly through a housing officer, to try and resolve her complaints. In addition, it said its noise enforcement team had met Mrs X and gave her advice, as well as making an offer to organise mediation. The Council also gave Mrs X information about how to request an ASB case review.
6. We cannot consider how the Council responded to Mrs X’s complaints about a breach of tenancy agreement, because the law does not allow us to investigate the Council’s actions, when it is acting as a social landlord.
7. Nor will we investigate the Council’s considerations of its wider powers to tackle ASB, outside of its powers as a social landlord. This is because it is unlikely we would find fault in its considerations. The evidence shows it met with Mrs X and gave her advice about noise and offered mediation. It also pointed out her right to ask for an ASB case review and these actions are appropriate.

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Final decision

8. We will not investigate Mrs X’s complaint because part of it is outside of our jurisdiction and of the parts we could investigate, it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman