Summary: We cannot consider Mr X’s complaint, which is about the Council’s decision to begin possession proceedings in response to his behaviour towards its officers. This is because the issue concerns the Council’s actions as a social housing provider.

The complaint

1. Mr X complained the Council failed to take his mental health issues into account when considering anti-social behaviour by him. He believes it took unreasonable and disproportionate action in evicting him from his tenancy, rather than considering other less formal options first.

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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)

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How I considered this complaint

3. I considered the information Mr X provided when he complained.
4. I considered Mr X’s comments on a draft version of my decision.

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What I found

5. The Council began possession proceedings against Mr X, as his landlord, after an incident involving him and Council officers. Mr X believes the Council should have explored other options under its general anti-social behaviour powers before it decided to evict him.
6. We cannot consider this complaint as it is not within the Ombudsman’s jurisdiction, and we have no discretion in this case. It is open to Mr X to contact the Housing Ombudsman to explore whether they can consider it.

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Final decision

7. The Ombudsman cannot investigate this complaint. This is because it is not in our jurisdiction.

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Investigator's decision on behalf of the Ombudsman