Summary: We will not investigate this complaint about how the Council dealt with reports about anti-social behaviour. This is because the complaint is about the management of social housing, and therefore it is outside our jurisdiction.

The complaint

1. Miss X complained about how the Council dealt with her reports of anti-social behaviour (ASB). She said the Council directed her to the social housing provider.
2. She said the Council failed to safeguard her and Officers made misleading statements.
3. She said she felt unsafe and it severely affected her mental health. She wants the Council to take responsibility for its failings, provide a personalised apology and implement a multiagency safeguarding plan.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. 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:

• we could not add to any previous investigation by the organisation
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

7. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended.)

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How I considered this complaint

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

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My assessment

10. Miss X reported allegations of ASB by her neighbour to the Council. The Council directed Miss X to report the issues to her social landlord.
11. The Council undertook an ASB review. The outcome of the review was for the social landlord to implement the action plan created. Therefore, this would be a matter for Miss X’s landlord, and we have no jurisdiction to investigate complaints about social landlords.
12. Miss X made a formal complaint to the Council. The Council responded to her complaint at stage one and two. It then completed a complaint review.
13. Miss X said the Council failed to safeguard her. In its ASB review letter the Council provided Miss X with details for a mental health and wellbeing support service. It also provided her with the details for a single point of access mental health helpline. In its complaint response the Council said it offered a referral to a victim support centre.
14. The Council said its safeguarding manager attempted to contact Miss X but did not receive a response.
15. The Council identified that it did not explain to Miss X that she could make a hate crime report. It apologised that it did not provide this information which is an appropriate response and further investigation would not lead to a different outcome.
16. Miss X complained that an officer made homophobic assumptions and misleading statements. The Council apologised for the impact of the language used but said it was unable to find evidence that the officers assumption about Miss X’s relationship influenced the Councils actions. We could not add to any previous investigation by the Council.
17. Miss X said the Council tried to obstruct her Freedom of Information request and shared information with the police. The complaint is about access to information the Council holds, and Miss X can make a complaint to the ICO.

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Final decision

18. We will not investigate Miss X’s complaint because it is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman