Kirklees Metropolitan Borough Council (25 016 518)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 06 May 2026
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint regarding antisocial behaviour at Mr X’s previous property, which has been brought to the Ombudsman out of time. The time that has lapsed is likely to hinder an effective investigation, and it is unlikely that an investigation will reach Mr X’s desired outcome of additional compensation and securing accommodation in the private sector.
The complaint
- Mr X complained to the Council in May 2024. He complained of antisocial behaviour that occurred in 2023, and lack of safeguarding measures being put in place.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
- 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)
- 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)
How I considered this complaint
- I considered information provided by the Complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council in May 2024. Amongst various issues, he complained of antisocial behaviour that occurred in 2023 by his neighbours, in a property that he previously occupied.
- In the Stage 2 response of the complaint, the Council apologised to him for the poor case handling, and recognised that it could have done more by engaging with him and effectively communicating to understand the problem sooner. Mr X was not satisfied with the outcome and escalated the matter to the Housing Ombudsman.
- The Housing Ombudsman stated that the Council had limited reports of the antisocial behaviour and criminal activites on the housing estate. Mr X recognised that he had not reported all the incidents, which made it diffcult to investigate the anitsocial behaviour.
- The Housing Ombudsman determined poor case handling by the Council, and therefore recommended that it provide a written and detailed apology to Mr X, and to offer £200 in compensation to reflect the inconvenience and distress caused. The compensation was assessed in accordance with the published remedies guidance for the Housing Ombudsman.
- The evidence suggests that the Council made several offers to support Mr X and signposted him to relevant services for support, and it was sensitive to Mr X’s vulnerabilities.
- The Council says Mr X has been housed in specialist temporary accommodation since early 2025. It is seeking alternative accommodation in the private sector but Mr X says that he is pursuing a home in an alternative council area because he does not wish to live in the Council’s area.
Investigator's decision on behalf of the Ombudsman