Summary: We cannot investigate Mrs X’s complaint about of smoke, fumes and odours in her home. We do not have the power to investigate the Council’s role as a social landlord.

The complaint

1. Mrs X complains the Council failed to investigate her reports of smoke, fumes and odours in her home.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. In 2023 Mrs X make a report to the Council of smoke, fumes and odours in her home. Mrs X complains the Council failed to investigate her report.
8. Both Mrs X and her neighbour are social tenants, so the Council’s housing team investigated the report. The Council say it found no evidence of smoke, fumes or structural defects in Mrs X’s property that would allow for odours from her neighbour.
9. We normally expect people to complain to us within twelve months of them becoming aware of a problem. We will therefore only consider matters arising in the 12 months prior to Mrs X complaining to the Ombudsman.
10. In 2024 Mrs X contacted the Council again to report the odours.
11. The Council wrote Mrs X a letter explaining its housing team had previously found no evidence of smoke, fumes or structural defects in Mrs X’s property, so no further investigation was required.
12. Councils have a general duty to tackle anti-social behaviour (ASB). But ASB can take many different forms; and when someone reports a problem, councils should decide which of their powers is most suitable. For example, they may approach a complaint as part of their duties as a social landlord, where the alleged perpetrator is a council tenant.
13. We cannot investigate the Council’s actions in considering Mrs X’s report. The Council considered the matters in its power as a social landlord, and we have no jurisdiction to investigate complaints about the management of tenancies by social housing landlords. This falls within the remit of the Housing Ombudsman service.

Back to top

Final decision

14. We cannot investigate Mrs X’s complaint because we do not have the power to investigate the Council’s role as a social landlord.

Back to top

Investigator's decision on behalf of the Ombudsman