Summary: Ms X complained the Council failed to take action regarding anti-social behaviour from her neighbour and failed to move her given her neighbour’s increasingly threatening behaviour. We have discontinued the investigation. Given Ms X has now moved to alternative accommodation it would be appropriate to allow the Council to finish considering the complaint through its complaints process before we got involved. In addition, we cannot investigate the way the Council has dealt with the neighbour’s behaviour as we have no power to investigate a council when it is acting in its role as a social landlord

The complaint

1. Ms X complained about the Council’s failure to take action regarding persistent nuisance from her neighbour who is racially abusive. In particular she complained the Council failed to move her in view of her neighbour’s increasing threatening behaviour.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6))

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)

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How I considered this complaint

4. I have considered the information provided by Ms X and have discussed the complaint with her on the telephone. I have considered the Council’s stage one response to the complaint.
5. I gave Ms X and the Council the opportunity to comment on a draft of this decision and considered any comments I received in reaching a final decision.

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What I found

6. Ms X and her neighbour are council tenants. Ms X has a school age child. Ms X has dyslexia and requires support with reading and writing.
7. In August 2021 Ms X contacted us to complain about the way the Council had responded to her concerns about ongoing harassment and antisocial behaviour from her neighbour. Ms X said the issues had been ongoing for a couple of years but had intensified recently. Ms X said she had provided evidence of her need to move property to the Council but did not feel the Council was listening to her or taking the issue seriously. Ms X said her mental health was affected. She was attacked in a previous property, and this had increased her anxiety.
8. We contacted the Council to see if it had considered the complaint. It advised it would put Ms X’s complaint through its complaints’ process.
9. Ms X then contacted us to advise the Council had moved her and her child to interim accommodation. She had also contacted the police who were investigating the allegations regarding her neighbour’s behaviour. She said a housing officer was assisting her to complete a housing application.
10. The Council responded to Ms X’s complaint in early September. It said Ms X had contacted the housing officer in May 2021 to report harassment by her neighbour. It referred to photographs and videoclips she had previously provided which it said were not clear and so it had not been possible to use these as evidence. It understood the police were currently investigating. It said it had written to Ms X’s neighbour outlining the allegations which the neighbour denied.
11. The Council said it met with a representative from a charity who was supporting Ms X. Following this it referred the matter to a mediation service but after speaking to both parties at an initial stage it decided this was not appropriate. It had also offered a coaching programme where mediators talk to both parties separately.
12. The Council said Ms X had submitted a housing application in 2019 and had provided some supporting information. It said the records showed an officer had called Ms X in October 2019 to advise she needed to provide further medical evidence and when she had this, she should call back to book an appointment. The Council said Ms X did not do this, so the transfer application did not proceed.
13. The Council said it had received a letter from Ms X’s GP but need a more in-depth report outlining her and her child’s needs in relation to future housing.
14. It said following her complaint to the Ombudsman the Council contacted her to discuss the harassment and Ms X disclosed how the situation was severely affecting her mental health. It understood Ms X had arranged for her child to stay with a friend as she did not want her returning to the situation at home. The Council referred Ms X for support to assist her with reading and writing correspondence, completing forms and liaising with other agencies. It said following several lengthy calls between Ms X’s representative, Ms X and the Council, Ms X accepted emergency interim accommodation.
15. The Council said the police had not concluded its investigations and whilst Ms X had requested to be moved on a permanent basis, it required all supporting information to present to its Housing Panel if it felt it was not safe for Ms X to return home. The Council said it was not previously aware of all Ms X and her child’s medical vulnerabilities or her post traumatic stress disorder from a previous incident until the complaint and more recent conversations.
16. The Council said it would meet Ms X the following week to read the letter to her and to update her following the Council’s interview with her neighbour. It had also updated its systems to say Ms X preferred telephone contact due to her dyslexia. It gave details of the officer managing her housing transfer application who would contact her by telephone. It said if Ms X was not satisfied with the response she could ask for a review. It said to contact it, in writing, to explain why she believed her complaint was not properly addressed, within 28 calendar days if she wished to go to the next stage of the complaints’ process.
17. Ms X disagreed with aspects of the complaint response. She says the Council was aware of her history and the previous incidents at the property.
18. Ms X has now moved into alternative permanent accommodation after applying for a housing transfer.

Findings

19. When Ms X approached the Ombudsman she had not been moved and we had concerns for her welfare so we used our discretion to consider the complaint although it had not gone through the Council’s complaints process.
20. The Council took action to resolve Ms X’s immediate concerns. It placed her and her child in interim emergency accommodation and Ms X has now moved to alternative permanent accommodation. The Council is investigating the allegations of harassment. The police are also undertaking investigations into the allegations.
21. We do not have jurisdiction to consider Ms X’s concerns about a housing transfer or the way the Council is dealing with her neighbour. This is because the Council is taking action as a registered provider of social housing and these are housing management issues.
22. Complaints about the Council’s actions as a social landlord are for the Housing Ombudsman not us.
23. We can consider Ms X’s concerns about the provision of interim accommodation and her housing priority. However, Ms X has now been successfully rehoused and there is nothing else we could achieve by further investigation.
24. Ms X was unhappy with the Council’s complaint response. She says the Council was previously aware of her situation and failed to take action. The Council has explained it is open to Ms X to have the complaint considered at the next stage of its complaints process. It was not appropriate for it to require Ms X to send her comments in writing given her dyslexia. It is open to Ms X to ring the Council to explain why she is unhappy with the response if she wishes the complaint to be considered at the next stage of the complaints’ process.

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Final decision

25. I have discontinued my investigation as the Council has yet to consider the complaint at the next stage of its complaints’ process and the law prevents us pursuing complaints about councils acting in their capacity as social housing landlords.

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Investigator's decision on behalf of the Ombudsman