Milton Keynes Council (05A02280)

Antisocial behaviour & Housing allocations    Maladministration causing injustice

08 January 2007

‘Mr Pearson’ (not his real name for legal reasons) is a single man who held the tenancy of a Council-owned flat for about ten years. He has cystic fibrosis and had a heart and lung transplant in 2001. In his absence, a new tenant, ‘Ms Beardsley’, moved into the flat above his. Mr Pearson started to have problems with Ms Beardsley almost as soon as he returned to his flat after his transplant. He experienced episodes of abuse, threatening behaviour, rudeness, harassment and general noise nuisance. Other residents also complained about Ms Beardsley, and the Police became involved. Mr Pearson was so badly affected that he had to leave his home to go to live with his parents.

Mr Pearson’s mother, ‘Mrs Pearson’, complained about the Council’s investigation into her son’s complaints about Ms Beardsley’s antisocial behaviour and about its handling of his request for a transfer.

The Ombudsman upheld Mrs Pearson’s complaints on behalf of her son. The Council failed to deal with Mr Pearson’s complaints of antisocial behaviour properly, and also failed to treat his transfer request with the urgency it required. A move could have been arranged two years before it actually was.

The Ombudsman finds maladministration causing injustice and recommends that the Council should pay compensation of £3,500 to Mr Pearson and £750 to Mrs Pearson. It should review its Voids and Lettings Policy so that it gives a clear indication of how applicants might be awarded each of the medical priorities.

Date Published: 16/01/09