Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to resolve Mr X’s complaints about residents of a nearby housing association property since 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. We have no discretion to investigate complaints about the management of tenancies by social housing landlords.

The complaint

1. Mr X complained about the Council’s failure to resolve his complaints about the actions of residents of a neighbouring property which he says is being operated as an unlicensed House in Multiple Occupation (HMO). He says he has been complaining about the conduct of the tenants to the housing association landlord since 2022 and has failed to get a satisfactory result.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 normally expect someone to refer the matter to the Information Commissioner 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X says the Council has failed to take any action against residents of a neighbouring housing association property which he says is being used as an unlicensed HMO. He has been complaining about noise and anti-social behaviour to the housing landlord since 2022 and the matter is unresolved. More recently he has reported criminal behaviour, trespass and threats by the landlord about his CCTV monitoring. He also says the landlord’s staff committed a data breach by disclosing his address to the residents.
8. The Council told Mr X that the matters he had raised were best dealt with by the Housing Ombudsman which is the body responsible for investigating tenancy issues by social housing landlords. Mr X believed that he could not make a complaint to the Ombudsman because the neighbouring landlord is different to his own housing association landlord.
9. The Council checked his eligibility to make a complaint and the Housing Ombudsman Service and it confirmed that he is a social housing tenant and so he can make a complaint about the landlord failures affecting his own tenancy.
10. We will not investigate this complaint which concerns matters which the complainant has been aware of for more than 12 months. We have some discretion to consider older complaints in some circumstances but this would not apply here. This is because even had Mr X complained to us earlier, we have no discretion to investigate complaints about social housing landlords.
11. Mr X’s complaint about the housing association staff disclosing his personal details is a data regulation breach incident and such matters fall within the remit of the Information Commissioner. Mr X has previously made complaints to this body about breaches by the Council in the past.

Back to top

Final decision

12. We will not exercise discretion to investigate this complaint about the Council’s failure to resolve Mr X’s complaints about residents of a nearby housing association property since 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. We have no discretion to investigate complaints about the management of tenancies by social housing landlords.

Back to top

Investigator's decision on behalf of the Ombudsman