Summary: We will not investigate this complaint about alledged landlord harassment by the Council towards the complainant as a social housing tenant. This is because such disputes fall under the Housing Ombudsman and we cannot by law investigate any matter regarding the Council’s management of social housing. We also will not investigate the complainant’s concern about the Council issuing a community protection notice for antisocial behaviour. This is because the issuing of a notice carries a right of appeal to the magistrates’ court and the evidence suggests proceedings have commenced.

The complaint

1. The complainant (Ms X) who is a social housing tenant, alleges ongoing harassment by the Council due its officers attending her home unannounced and threatening her with possession proceedings. She also complains the Council has issued her with a Community Protection Notice (CPN) in respect of illegal drug use at her property.
2. In summary, Ms X says the alledged fault has caused her significant distress and alarm which has resulted in her suffering mental health problems and being signed off work for three months. As a desired outcome, she wants the Council to apologise to her and to stop its conduct towards her.

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The Ombudsman’s role and powers

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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended).
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended).

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How I considered this complaint

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

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My assessment

7. We cannot by law investigate any matter regarding the Council’s management of social housing. This is relevant to Ms X’s allegations that the Council’s management of her social housing amounts to harassment on account of unannounced visits and unwarranted eviction threats. As these issues relate to the Council’s management of Ms X’s tenancy for social housing, these are matters for the Housing Ombudsman and we have no jurisdiction to investigate.
8. The issuing of a CPN however concerns the Council exercising its antisocial behaviour powers which do generally fall within our jurisdiction. However, I note Ms X says she has been served notice to attend court in respect of the issues raised in the CPN which suggests the commencement of legal proceedings. We cannot investigate a complaint about the start of court action. In any event, the recipient of a CPN has the right to appeal it to the magistrates’ court within 21 days in receiving this. For this reason, we would generally expect a complainant to appeal, rather than complain, about receiving a CPN. Given the Council issued a warning notice and has signposted Ms X to the appeal process, I consider it would be reasonable for her to appeal this court.

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Final decision

9. We will not investigate this complaint. This is because the restrictions I outline at paragraphs three to five (above) apply.

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Investigator's decision on behalf of the Ombudsman