Summary: We will not investigate this complaint about noise nuisance from a communal door near Mr X’s property. It is unlikely we could add to the Council’s response about noise nuisance and the Housing Ombudsman is the appropriate body to consider a complaint about the Council’s maintenance of the communal area in its role as social landlord.

The complaint

1. Mr X complains the Council has refused to take appropriate action in response to his complaint of noise nuisance from a communal door which bangs when left open by other residents. He says the noise is distressing and is affecting his mental health. He wants the Council to act to stop the noise nuisance or to re-house him to a different property.

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The Ombudsman’s role and powers

2. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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)

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How I considered this complaint

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

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My assessment

6. In its complaint response to Mr X, the Council said following his contact about the matter it had asked the neighbourhood caretaking manager to visit and, at the time of their visit, the door was locked. It said many people had access to the communal area and without specific evidence, it was difficult to take any action. It said they had asked the caretaker to check the door was locked each time they were in the area.
7. We will not investigate this complaint. The Council has investigated his concerns about noise nuisance and, in the absence of any evidence of anti-social behaviour by specific individuals, has taken proportionate action to try and address his concerns. It is unlikely we could add to this or achieve anything more.
8. If Mr X believes the Council is failing to appropriately maintain the communal area in its duties as his landlord, he can complain to the Housing Ombudsman. The Housing Ombudsman is the appropriate body that considers complaints about estate management and condition and repair of communal areas by social landlords.

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Final decision

9. We will not investigate Mr X’s complaint. It is unlikely we could add to the Council’s response about noise nuisance and the Housing Ombudsman is the appropriate body to consider a complaint about maintenance and repair of communal areas by social landlords.

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Investigator's decision on behalf of the Ombudsman