Summary: We cannot investigate this complaint about the Council’s response to antisocial behaviour complaints. We have no remit to consider the Council’s actions in connection with its management of its social housing. Of the remaining element, further investigation would not lead to a different outcome.

The complaint

1. Ms X complained about the Council’s lack of action following her complaints about antisocial behaviour by Council tenants. Ms X also complained that she had been unable to access her garage.
2. Ms X complained that the Council caused her unnecessary stress. She wants the Council to freeze her payments, provide a refund and replace a security bollard to enable access to her parking.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

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

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My assessment

8. Ms X complained the Council did not respond properly to her complaints about antisocial behaviour caused by its tenants. We have no jurisdiction to consider complaints in connection with the Council’s management of its social housing including tenancy agreements.
9. Ms X also complained she has not been able to access her garage, for which she paid rent to the Council. The Council reviewed the evidence provided by Ms X and offered to refund her payments, by a daily charge, for when she did not have access. The Council also explained to Ms X how to report access issues in the future and agreed to repair a security bollard that would inhibit her access being obstructed. Because these actions are appropriate, further investigation by us would not lead to a different outcome.

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Final decision

10. We will not investigate Ms X’s complaint because We have no remit to consider the Council’s action in connection with its management of its social housing. Of the remaining element, further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman