Dacorum Borough Council (23 005 148)

Category : Environment and regulation > Noise

Decision : Closed after initial enquiries

Decision date : 24 Aug 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how the Council dealt with anti-social behaviour. This is because we cannot investigate the actions of the Council when it is acting as a social landlord.

The complaint

  1. Mr X complains about how the Council has dealt with his reports of anti-social behaviour. He says that this has caused his health to deteriorate and has exacerbated his mental health condition.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X moved into a Council property in March 2022. Since moving to the property he has reported excessive noise and anti-social behaviour from his neighbours.
  2. The Council confirms its Tenancy Management and Enforcement Team investigated Mr X’s complaints but was unable to find any problems. They say that they have liaised with Police who were also unable to find any issues.
  3. I cannot investigate the actions of the Council’s Tenancy Management and Enforcement Team. This is because these actions were carried out in relation to the management of a Council house. I have no power to investigate a complaint about a council when it is acting as a social landlord. Such complaints are dealt with by the Housing Ombudsman. This places Mr X’s complaint outside our jurisdiction.

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Final decision

  1. We will not investigate Mr X’s complaint because we cannot investigate the actions of the Council when acting in its role as a social landlord.

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Investigator's decision on behalf of the Ombudsman

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