Summary: The Ombudsman will not investigate this complaint that the Council’s social care team has failed to respond appropriately to reports from the complainant about his neighbour. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says the person who owns the flat above has caused damage by flooding the complainant’s home. Mr X also says the neighbour has harassed him and displayed inappropriate behaviour. Mr X says the neighbour is mentally unwell.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered letters Mr X has written to the Council and letters the neighbour sent to Mr X. I spoke to an officer from the social care team. I invited Mr X to comment on a draft of this decision.
4. Data protection law prevents me from sharing any information about the neighbour with Mr X.

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What I found

What happened

5. Mr X’s neighbour lives in the flat above Mr X’s home. The neighbour owns the flat. Mr X says the neighbour has flooded Mr X’s home several times and has caused a lot of damage. Mr X alleges the neighbour has harassed him and Mr X has involved the police. Mr X alleges the neighbour is mentally unwell and displays unreasonable behaviour. Mr X says the neighbour has made his life ‘hell’ for the last three years. Mr X says the Council has done nothing to help and has hidden behind data protection. In one letter Mr X said the Council should move the neighbour to different accommodation.
6. I spoke to an officer from the social care team. She explained the Council’s position regarding the neighbour. The officer said the Council had suggested Mr X get legal advice.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council. I have spoken to the Council and established the Council’s position with regards to the neighbour. The law prevents me from sharing any information with Mr X but I am satisfied there is no suggestion of fault by the Council.
8. This appears to be a neighbour dispute and one for which Mr X could seek legal advice or try mediation. The Ombudsman does not intervene in neighbour disputes between two owner occupiers.

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Final decision

9. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman