Summary: We have not investigated Ms X’s complaint about anti-social behaviour, as this has already been considered by the Housing Ombudsman. We cannot achieve any more worthwhile outcome by investigating further. We have decided not to investigate Ms X’s complaint about her priority banding on the housing register because it is reasonable for Ms X to ask the Council for a review.

The complaint

1. Ms X complains the Council:
• Failed to properly deal with her reports of anti-social behaviour; and
• Failed to rehouse her despite the anti-social behaviour and the fact she is overcrowded.
2. Ms X said because of the Council’s faults she has been caused significant distress and left at risk of harm.

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The Ombudsman’s role and powers

3. 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 it would be reasonable for the person to ask for a council review or appeal or there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

Anti-social behaviour

6. Ms X reported anti-social behaviour (ASB) to the Council including late night noise and drug use from nearby residents.
7. Ms X complained to the Council as she said it had not done enough to tackle the ASB. The Council did not uphold Ms X’s complaint.
8. Ms X was unhappy and asked the Housing Ombudsman to investigate her complaint. The Housing Ombudsman investigated and decided the Council had not acted in line with its ASB policy. It recommended the Council apologise, pay a financial remedy and take further steps to investigate and manage the ASB.
9. As the Housing Ombudsman has already investigated this part of Ms X’s complaint, there is no more worthwhile outcome we could achieve and so we will not investigate this further.

Housing

10. Ms X also complained to the Council, as she said it should increase her priority award on its housing register due to the ASB. The Council said Ms X was already on the housing register awaiting another property as she was lacking one bedroom and was banded appropriately for this.
11. I have not investigated this part of Ms X’s complaint further because there is a possible alternative remedy available to Ms X which it would be reasonable for her to use. It is open to Ms X to request a review of her banding and provide new evidence to the Council if she does not agree her priority award is correct. If Ms X believes there has been fault in the Council’s review, she may want to approach us again and we can consider whether to investigate the review process.

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Final decision

12. We will not investigate Ms X’s complaint because there is no more worthwhile outcome achievable by our investigation and it is reasonable for Ms X to ask the council for a review.

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Investigator's decision on behalf of the Ombudsman