Summary: Mr X complains about the Council’s actions concerning the property next door to his home. The Ombudsman will not investigate this complaint. It is unlikely that further investigation will lead to a different outcome.

The complaint

1. The complainant, who I shall call Mr X, says the Council refuses to act against a housing association for false and fraudulent reports they submitted about the properties either side of his home. He says the Council is knowingly allowing the housing association to let defective properties which are unfit for human habitation.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A (6) and 34B (8), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely further investigation will lead to a different outcome
• there is another body better placed to consider this complaint

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

4. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So, where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

5. I considered:
• the information provided by Mr X
• Information provided by the Council
• previous decisions made by the Ombudsman relating to Mr X’s previous complaints
6. He commented on the draft version of this decision.

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What I found

7. Mr X bought his home in 2007 from the Council. A Housing Association owns and manages the properties on either side. The neighbouring properties are now owned by a Housing Association. The Council does not own the neighbouring properties or have any management responsibilities for them. The Ombudsman cannot investigate the actions of housing associations.
8. Mr X has made several complaints about the Council relating to problems he has experienced in his home because of the layout, condition, and defects in the properties either side of his. The Ombudsman issued decisions under references
• 17008492
• 18008067
• 19001332

I will not reconsider issues raised now which were previously subject to Ombudsman decisions.

9. Mr X says the Council is knowingly allowing the Housing Association to rent out properties which are unfit for human habitation. He is specifically referring to a property next to his.
10. The Council has confirmed in writing to Mr X, that officers, including Building Control officers have inspected the neighbouring property.
11. It confirms it is satisfied with the work carried out including:
• Sound proofing and new plastering to the ceiling and party wall
• Removal of the positive pressure ventilation which was potentially causing low frequency noise
• reconfiguration of bathroom
• waste/foul water drainage and shared soil stack
12. I understand Mr X believes the property next door is not is a fit state to be rented out. However, the Council has confirmed it has inspected the property and is satisfied with the work carried out. Having seen multiple written confirmations of this, I consider it unlikely that further investigation on this point will lead to a different outcome.
13. Mr X has asked for evidence of the work carried out. The Council has advised Mr X it does not hold this information and directed him to the Housing Association
14. The Council has also advised it does not hold the information he is seeking. It is reasonable to expect Mr X to refer this matter to the Information Commissioner’s Office (ICO). This is the body with specific powers and expertise to investigate complaints about breaches of the Freedom of Information Act and Data Protection Act. The Information Commissioner’s Officer has powers which the Ombudsman does not have to require compliance with this legislation.

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Final decision

15. I will not investigate this complaint. We will not revisit matters which have been the subject of previous complaints raised by Mr X. It is unlikely that further investigation of his concerns about the condition of the property next door to him will lead to a different outcome.
16. Finally, if Mr X believes the Council is withholding information that he is entitled to see, he can make a complaint to the ICO.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman