Summary: We will not investigate this complaint about the Council’s response to a complaint about alleged drug use by council tenants who are Mr X’s neighbours. We have no jurisdiction to investigate complaints about the management of tenancies by socials housing landlords.

The complaint

1. Mr X complained about the Council’s initial response to his complaint about cannabis smells emanating from a neighbouring flat which his owned by the Council’s social housing landlord. He says his complaint was dismissed by the officer he spoke to and that the decision was made without any investigation. He wants the Council to take action against its tenant for breaching their tenancy conditions.

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

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My assessment

5. Mr X reported his neighbour to the Council’s Community Safety Team because he is being affected by a strong smell of cannabis use and of incense which he says his neighbour is burning to disguise the smell of drug-taking. He says the officer he spoke to dismissed his complaint by saying no breach of tenancy or the law was taking place, and that this was not endangering his family.
6. I have read the full email to Mr X and, although it could have been more helpfully worded, the content does qualify the statement by saying that there was no breach unless proved otherwise and that the matter was being looked into and that the Police had been asked to consider the report. It also advised Mr X that the officer had no legal remit to give decisions on these matters.
7. From what I have seen this did not indicate that the complaint had been dismissed. The Council’s later responses to Mr X’s formal complaint confirmed that the Police had subsequently found no evidence of cannabis use when they visited the neighbour. The Council told Mr X that the matter is being considered by the social housing landlord, Barnet Homes, under its own internal tenancy anti-social behaviour policy.
8. Since 2013 we have had no jurisdiction to investigate complaints about the actions of social housing landlords with regard to tenancy management. This responsibility passed to the Housing Ombudsman service due to legislation changes in that year.

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Final decision

9. We will not investigate this complaint about the Council’s response to a complaint about alleged drug use by council tenants who are Mr X’s neighbours. We have no jurisdiction to investigate complaints about the management of tenancies by socials housing landlords.

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Investigator's decision on behalf of the Ombudsman