Summary: We will not investigate this complaint about the Council’s refusal to transfer a tenant due to anti-social behaviour in her area. We will not investigate this complaint because it concerns the management of social housing by a social housing landlord. We will not investigate the complaint about the tenant’s current housing application because it is currently being re-considered by the Council.

The complaint

1. Miss X complained about the Council’s refusal to directly transfer her to another property under its management discretion. She says she is suffering anti-social behaviour form residents in the area and she needs to move. She says the Council has failed to take action against the perpetrators ort to evict them.

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The Ombudsman’s role and powers

2. 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)
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, or
• it would be reasonable for the person to ask for a council review or appeal; or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A (6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Miss X says the Council has failed to take action against her neighbours who have threatened her with violence and make it impossible for her to go outside when they are present. She has involved the Police, housing office and the anti-social behaviour team. The Council told her that it is taking what action it can and that it will not offer her a direct management transfer. This is because it does not transfer tenants for anti-social behaviour reasons and that the action is usually taken against the perpetrators.
7. Miss X has complained to the Housing Ombudsman Service about the council landlord’s failure to take sufficient action. We only have jurisdiction not consider allocations matters which fall within the provisions of the Housing Act 1996. Miss X does have an active housing application and the Council says it is considering her banding priority due to the situation. If the banding is unchanged she could ask for a statutory review of the decision under s.166A of the Housing Act 1996.
8. We cannot investigate tenancy management matters relating to social housing landlords. this is within the Housing Ombudsman’s jurisdiction. We will not investigate where there is still a right of review available to a housing applicant.

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Final decision

9. We will not investigate this complaint about the Council’s refusal to transfer a tenant due to anti-social behaviour in her area. We will not investigate this complaint because it concerns the management of social housing by a social housing landlord. We will not investigate the complaint about the tenant’s current housing application because it is currently under re-consideration by the Council.

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Investigator's decision on behalf of the Ombudsman