Summary: We cannot investigate part of this complaint about antisocial behaviour. This is because the law says we cannot investigate complaints about the provision or management of social housing by a Council acting as a landlord. We will not investigate part of this complaint because Mr Y has not suffered significant injustice.

The complaint

1. Mr Y complains about the Council’s handling of antisocial behaviour reports made against his neighbour. He says the Council failed to take proper action, which placed him at risk. Mr Y also raises concerns about the Council’s communication failure.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. The Housing Ombudsman is responsible for considering complaints about antisocial behaviour in social housing whereby the alleged perpetrator and the complainant are both social housing tenants.
5. We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

7. I considered information provided by Mr Y and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr Y is unhappy about the Council’s handling of antisocial behaviour reports made against his neighbour. Mr Y and his neighbour are both social housing tenants. We cannot investigate how the Council dealt with the reports in its role as social landlord because the law prevents us from doing so. Mr Y should raise his complaint with the Housing Ombudsman, if he remains unhappy with the Council’s response.
10. The Housing Ombudsman are better placed to consider this part of the complaint, as it is about matters within its jurisdiction to investigate.
11. We can consider matters about the Council’s handling of antisocial behaviour outside if its duties as a landlord, because the Council has general antisocial powers that are much wider to its position as a landlord. The Anti-social Behaviour, Crime and Policing Act (2014) gives the Council specific powers for tackling antisocial behaviour.
12. I am satisfied that the Council properly investigated antisocial behaviour reports about Mr Y’s neighbour and considered necessary action to take. There is evidence that the Council took a multiagency approach and considered its powers when managing this. The Council updated Mr Y about its investigations, however, accepts at times there were failings in its communication. But Mr Y has not suffered any significant injustice because of the communication issues as his concerns were still properly considered, therefore we will not investigate this part of the complaint.
13. There has been wider police and court involvement on matters related to this complaint. This is something we cannot comment on or consider investigating because the law prevents us from doing so.

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Final decision

14. We cannot investigate part of Mr Y’s complaint because it is out of our jurisdiction to do so. The law says we cannot investigate complaints about the provision or management of social housing by a Council acting as a landlord. We will not investigate part of Mr Y’s complaint because he has not suffered significant injustice.

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Investigator's decision on behalf of the Ombudsman