Birmingham City Council (19 017 449)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 13 Mar 2020
The Ombudsman's final decision:
Summary: Mr X complained about how the Council handled reports of anti-social behaviour. We will not investigate this complaint. This is because it relates to the Council’s actions as a social housing provider, and the Housing Ombudsman is therefore best placed to consider it.
The complaint
- Mr X complained about how the Council handled reports of anti-social behaviour. Mr X reported incidents of his neighbour’s behaviour, and his neighbours reported incidents of his behaviour. Mr X requests a housing transfer to resolve the issues.
The Ombudsman’s role and powers
- We cannot investigate complaints about the provision or management of housing let on a long lease by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)
- 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered the information Mr X provided when he complained to us.
- I gave Mr X the opportunity to comment on my draft decision.
What I found
- Mr X lives in Council-provided sheltered accommodation. He has told the Council about incidents between him and his neighbours for several years. The neighbours concerned are also residents of the sheltered accommodation.
- Mr X has asked the Council to rehouse him to resolve the issues. He has asked to be transferred to alternative sheltered accommodation.
- We cannot investigate complaints about the Council’s actions as a social landlord. Mr X and the relevant neighbours are all Council tenants. Action the Council takes to manage anti-social behaviour, in this case, is most likely to be in its role as a registered social housing provider. The Council also provides transfers in its role as a registered social housing provider. The Housing Ombudsman is best placed to consider the complaint.
Final decision
- The Ombudsman cannot investigate this complaint. This is because it is about the provision and management of housing let on a long lease by a council acting as a registered social housing provider.
Investigator's decision on behalf of the Ombudsman