Summary: We will not investigate this complaint about the Council ignoring the complainant’s requests for help with another resident in the block of flats where he lives. There is not enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mr X complains the Council has ignored requests for help with problems caused by a neighbour. He says he has reported issued with vermin and waste caused by a neighbour’s hoarding problem.
2. He wants the neighbour’s cleared of hoarding and cleaned and mental health support for his neighbour.

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The Ombudsman’s role and powers

3. 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

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

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My assessment

6. The neighbour owns their flat. The Council is not the freeholder of the property Therefore it has no landlord responsibilities. Nor is it responsible for carrying out fire risk assessments of the communal areas of the building.
7. Mr X told the Council:
• there were no mice entering his flat
• there were no smells entering his flat; and
• no leaks into his flat from his neighbour’s property.
8. The Council closed the case as there was no evidence of a statutory nuisance.
9. Mr X escalated his complaint. Officers visited both him and his neighbour. The Council confirm it has referred his concerns about his neighbour to the appropriate professionals. However, due to data protection regulations it cannot share information about his neighbour.
10. From the information I have seen, the Council has responded to his concerns. However, it is not responsible for risk assessing the communal areas and cannot share information with him about a third party. Also, the Council cannot investigate a complaint made by Mr X about care for a third party without the third party’s knowledge or consent.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council’s actions to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman