Summary: We will not investigate this complaint from Miss X about a tenant displaying antisocial behaviour. There is not enough evidence of fault by the Council. We also cannot add to the investigation or achieve the outcome Mr X wants.

The complaint

1. Miss X says the Council failed to assess a tenant who threatened her with a knife, attacked her, racially abused her, and caused ongoing antisocial behaviour. After she reported the incidents to the police, officers told him to leave the property at her own cost, even though the Council had placed the other tenant there in a House in Multiple Occupation (HMO). She wants the Council to remove the tenant, review its placement process for HMO, and improve protection for residents in council‑managed shared housing.

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The Ombudsman’s role and powers

2. 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:

• there is not enough evidence of fault to justify investigating
• we could not add to any previous investigation by the organisation
• further investigation would not lead to a different outcome,
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. The Council said it had no legal power to remove tenants from a privately owned House in Multiple Occupation. Only the private landlord can take that action.
6. I will not investigate this point because the Ombudsman cannot order the Council to do something it has no legal power to do, and an investigation would not change the outcome.
7. The Council confirmed the property is licensed as a House of Multiple Occupation (HMO) and has checked whether the landlord breached licence conditions linked to antisocial behaviour. It found no breach that justified enforcement action. It continues to monitor the licence and work with the landlord to address the issues Miss X reported. I will not investigate this point because there is not enough evidence of fault by the Council.
8. The Council accepted its advice to Miss X could have been clearer. It has apologised and said it would use this case for officer training. I will not investigate this point because further investigation would add nothing.

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Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement. We also cannot add to the investigation nor achieve the outcome she wants.

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Investigator's decision on behalf of the Ombudsman