Summary: We cannot investigate this complaint about the Council’s response to a concern about a resident. The law does not allow us to consider actions the Council has taken as a social housing provider. Also, there is not enough evidence of fault in how the Council responded to a safeguarding report to justify investigating.

The complaint

1. X complains about another resident, who is a Council tenant (Tenant A). They say they have concern for Tenant A’s well-being. X also says that Tenant A’s actions have caused them to be concerned about their own safety while in their home. X wants to be rehoused.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. X complained about the actions of another resident (Tenant A). X said they complained to the housing department, and they now want to be rehoused. I cannot consider any of the actions the Council took as a registered social housing provider because the law does not allow us to consider those matters. It is open to X to make a complaint to the Housing Ombudsman Service about those matters.
6. X said they were unhappy after Adult Care Services said there were no safeguarding concerns, despite her report. According to the information I have seen, a social worker visited Tenant A and reported back to X they had no concerns. We can investigate the Council’s actions here, but I will not do so because there is not enough evidence of fault in the Council’s response to the safeguarding concern.

Back to top

Final decision

7. We will not investigate X’s complaint because part of it we cannot investigate, and of the part we could, there is not enough evidence of fault.

Back to top

Investigator's decision on behalf of the Ombudsman