Summary: We will not investigate this complaint that the Council moved the complainant from an area where he was experiencing anti-social behaviour to an area which was known to have high levels of anti-social behaviour. This is because there is insufficient evidence of fault by the Council and because we have no power to investigate a council when it is acting as a landlord.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council moved him because he was experiencing anti-social behaviour (ASB) but it moved him to an area with worse ASB. Mr X is unhappy with the way the Council has responded to his reports of ASB and noise in his new home.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

5. Mr X moved to his new home in late 2020. He says he was moved due to ASB but the Council has moved him to an area with worse ASB. He has reported ASB and noise in his new home and is unhappy with the response. Mr X wants the Council to re-admit him to the housing register and move him to an area with no ASB.
6. The Council says the area does not have a high rate of ASB. It says Mr X was involved with choosing the property and the Council offered other properties.
7. A housing officer has investigated the noise/ASB reports that Mr X has lodged. None of the allegations have been substantiated. The officer has discussed mutual exchange with Mr X as this is likely to be more successful than re-joining the housing register. A housing officer will contact Mr X to see what further support the Council can offer and to explore the issues.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because the Council did not offer Mr X a home in an area with a high rate of ASB. In addition, the Council will explore a mutual exchange with Mr X.
9. I cannot investigate Mr X’s dissatisfaction with the way the Council responded to his reports of ASB and noise. This is because the housing service responded and I have no power to investigate a council when it is acting as a landlord and providing housing management services.

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Final decision

10. I will not investigate this complaint because there is insufficient evidence of fault by the Council and because I cannot investigate a council when it is acting as a landlord.

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Investigator's decision on behalf of the Ombudsman