Summary: We will not investigate Miss X’s complaint about the Council failing to appropriately deal with her reports of anti-social behaviour from her neighbour, who is a council tenant. This is because the complaint is out of the Ombudsman’s jurisdiction as it concerns the Council’s actions as a social housing landlord.

The complaint

1. Miss X complains the Council failed to appropriately deal with her reports of anti-social behaviour from her neighbour, who is a council tenant.

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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 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 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))

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How I considered this complaint

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

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My assessment

7. Miss X previously complained to us, in 2022, about how the Council dealt with her concerns about her neighbour. We could not investigate as the Council had responded to Miss X’s concerns under its role as a social housing landlord.
8. Miss X reported an incident with her neighbour in January 2024. Miss X told the Council her neighbour had shouted and sworn at her, and that she and her guest had been harassed.
9. The Council has powers to deal with anti-social behaviour separate to its responsibilities as a social housing landlord. However, it is for the Council to decide if the concerns amount to anti-social behaviour and what action to take, if any.
10. In this case, the Council confirmed it discussed the incident with Miss X’s neighbour and asked Miss X to provide the contact details of her guest so that it could discuss the matter with them. However, Miss X declined to provide this.
11. The Council confirmed to us it dealt with the matter under its role as social housing landlord to consider whether Miss X’s neighbour’s actions amounted to a breach of the tenancy agreement. Therefore, we cannot investigate this complaint because it is out of the Ombudsman’s jurisdiction.
12. I am also satisfied there is insufficient evidence to support the concern reported by Miss X would likely be considered to amount to anti-social behaviour. This is because Miss X has only reported one incident with her neighbour since September 2023. Therefore, we are not likely to find fault with the Council for dealing with the matter under its role as a social housing landlord.

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Final decision

13. We will not investigate Miss X’s complaint because the complaint is out of the Ombudsman’s jurisdiction as it concerns the Council’s actions as a social housing landlord.

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Investigator's decision on behalf of the Ombudsman