Summary: We will not investigate Mr X’s complaint about the way the Council considered his reports of noise and anti-social behaviour. We have not seen enough evidence of fault in the way the Council considered these issues to justify an investigation. We cannot consider complaints about Mr X’s tenancy and housing repairs as these are matters for the Housing Ombudsman.

The complaint

1. Mr X complains about the way the Council considered his reports of noise and anti-social behaviour (ASB). He says the Council has taken no action to help him
2. He also complains about housing disrepair and tenancy issues.

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The Ombudsman’s role and powers

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. 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.

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

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We cannot consider any matters about Mr X’s tenancy or his home. These are matters for the Housing Ombudsman.
8. In response to my enquiries the Council has confirmed officers have been working with him for more than a year to try and resolve his issues.
9. It has installed noise monitoring information in his home. Officers have considered the information provided by Mr X and reviewed the noise recordings. They say the noise from the neighbours is household noise and there is no evidence of a statutory nuisance.
10. It also confirms it has investigated Mr X’s reports of ASB. It says the police advised there is no criminal case and they are satisfied with the action plan the Council produced for Mr X.

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Final decision

11. We will not investigate Mr X’s complaint because we cannot consider any matters concerning Mr X’s tenancy and the condition of his property which are for the Housing Ombudsman.
12. The Council has visited Mr X’s home, installed noise monitoring equipment and considered his reports of noise. It has determined there is no statutory noise nuisance. Having followed the correct procedure, this is a decision it is entitled to make. The Council has also investigated Mr X’s reports of ASB, liaised with the Police, provided Mr X with an action plan and offered remediation. We have not seen enough evidence of fault in the way the Council considered his reports of ASB to justify an investigation.

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Investigator's decision on behalf of the Ombudsman