Summary: The Ombudsman cannot investigate Mr B’s complaint about the Council’s response to his complaints of anti-social behaviour by his neighbour. The Ombudsman cannot investigate the actions of the Council when it relates to its management of social housing.

The complaint

1. The complainant, whom I shall call Mr B, complains the Council has failed to take action against its tenants, Mr B’s neighbours. Mr B has explained his neighbours have threatened violence and intimidated his family. The neighbours also smoke drugs outside the front door, trespass, allow their dog to foul and ride a bicycle on Mr B’s property.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

5. I have considered the information provided by Mr B and the Ombudsman’s role and powers.

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What I found

6. Mr B is not a council tenant, but his neighbours are. Mr B wants the Council to take action to stop the anti-social behaviour he is experiencing from his neighbours, the Council’s tenants.
7. The Local Government and Social Care Ombudsman cannot investigate a complaint about the way the Council is dealing with its tenants. The restriction in paragraph 3 applies and the Ombudsman has no power to investigate.
8. Mr B’s concerns about intimidation, threats of violence and drug taking are matters for the police and that is the appropriate organisation to contact. Mr B can also contact the community safety partnership (‘Safer Kirklees’ – a multi-agency partnership between the police, Kirklees Neighbourhood Housing, fire and rescue, probation and other partner organisations) with his concerns about anti-social behaviour.

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Final decision

9. The Ombudsman cannot investigate Mr B’s complaint. The Ombudsman cannot investigate the actions of the Council when it relates to its management of social housing.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman