Summary: Mr Y and Ms X complained the Council failed to provide a permanent property for them. They also complained about the Councils handling of anti-social behaviour. We found the Council was not at fault.

The complaint

1. Mr Y and Ms X complained the Council failed to provide a permanent property for them to move into – a decant. They complained in doing so, the Council failed to pay due regard to their rights under the Equality Act, 2010 and the Human Rights Act, 1998.
2. Mr Y and Ms X also complained about how the Council handled the anti-social behaviour in the local area. They said they have been subject to ongoing harassment and abuse by neighbouring residents.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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What I have and have not investigated

6. The matters complained about date back several years.
7. Mr Y and Ms X complained to the Ombudsman in May 2025. I am not aware of any good reason why Mr Y and Ms X could not have complained sooner. I will therefore consider matters from May 2024 onwards.
8. Complaint handling has not been considered as part of the investigation. Ms X and Mr Y have engaged legal representation to conduct communication with the Council. I considered the substantive complaint points.

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How I considered this complaint

9. I considered evidence provided by Mr Y and Ms X and the Council as well as relevant law, policy and guidance.
10. Mr Y and Ms X had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Law and guidance

11. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities set out councils’ powers and duties to people who are homeless or threatened with homelessness.
12. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
13. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme.
14. The Council has a published housing allocations scheme. Within the scheme the Councils consideration of equality, information, and applicants’ rights of review are explained. The options regarding a decant are also explained.
15. The Equality Act 2010 provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. It offers protection, in employment, education, the provision of goods and services, housing, transport and the carrying out of public functions.
16. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether an organisation has properly taken account of an individual’s rights in its treatment of them.
17. The Human Rights Act 1998 sets out the fundamental rights and freedoms that everyone in the UK is entitled to. This includes the right to life, freedom from torture and inhuman or degrading treatment or punishment, liberty and security of person, a fair hearing, respect for private and family life, freedom of expression, freedom of religion, freedom from forced labour, and education. The Act requires all local authorities - and other bodies carrying out public functions - to respect and protect individuals’ rights.
18. The Ombudsman’s remit does not extend to making decisions on whether or not a body in jurisdiction has breached the Human Rights Act – this can only be done by the courts. But the Ombudsman can make decisions about whether or not a body in jurisdiction has had due regard to an individual’s human rights in their treatment of them, as part of our consideration of a complaint.
19. 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.
20. For example, they may approach a complaint:

• as an environmental health issue, where the complaint is about noise or pollution;
• as a planning matter, where the complaint is about an inappropriate use of a building or facility;
• as a licensing matter, where the complaint is about a licensed premises, such as a pub or nightclub;
• as part of their duties as a social landlord, where the alleged perpetrator is a council tenant (although we cannot investigate the council’s actions as a social landlord); and/or
• using their powers under the Anti-social Behaviour, Crime and Policing Act 2014.

What happened here

21. The following is a summary of matters relevant to the complaint. It is not a list of everything that happened.
22. Matters complained of pre-date this investigation. Mr Y has physical health needs. Ms X has physical and mental health needs.
23. Mr Y and Ms X have been engaged with the Council for many years, about disrepair and the request for a property to move into. The Council agreed to rehouse Mr Y and Ms X in February 2023.
24. Between February 2023, and June 2024 the Council offered two properties to Mr Y and Ms X. One of the properties was adapted to meet Mr Y and Ms X’s physical needs. The other property was adaptable. These offers were declined.
25. Mr Y reported ASB to the Council in March 2024. Timely contact took place between the Council and Mr Y in March and April about the matter and the steps the Council would take.
26. In July the Council asked Mr Y to make a statement about the ASB. The Council outlined the steps it would take including making referrals to other Council teams. It told Mr Y that unless he wanted to make a formal report and statement, to help the Council build evidence, there would be limits to what it could do.
27. In July, August, and November Mr Y sent evidence to the Council about the ASB. The Council kept in contact with Mr Y. Mr Y did not make a formal statement to the Council.
28. Mr Y made a report of noise to the Council, in June 2025, to which the Council quickly acted on. The Council wrote to Mr Y to explain the action it took, within two days of his report.

My findings

Homelessness and Housing Allocations

29. Ms X and Mr Y made several stipulations to the Council about where they could be rehoused. They also had specific requests about what a property should provide.
30. The Council said this restricted what it could offer.
31. Neither Mr Y nor Ms X applied to join the Councils housing register or have an open application during the period investigated. The Councils housing allocations scheme says to be considered for social housing, an application to its housing register is essential.
32. Neither Mr Y nor Ms X made a homelessness application to the Council or had an application open during the period investigated.
33. Therefore, I can make no analysis of the Councils actions against the Homelessness Code of Guidance, 2018.
34. The Councils housing allocations scheme lays out the process for temporary or permanent decants.
35. It says:
• Decisions about whether a Council tenant is permanently or temporarily re-housed are based on several factors, and
• Permanent re-housing may be provided when, amongst other things, major repairs are scheduled, and they will take a long time to complete.
36. The Councils allocations scheme also says there are several ‘special schemes’ available to applicants with varying needs. Mr Y and Ms X were invited by the Council to apply via a special scheme route, to be re-housed. They declined to do so. This was their choice.
37. I am satisfied the Council has not acted in a way that is out of line with its allocations scheme. In any case it cannot fully apply the policy, because neither Mr Y or Ms X have engaged in the necessary and expected processes. I find no fault with the actions of the Council.
38. There is no evidence to suggest the Council failed to pay due regard to Mr Y and Ms X’s rights under either the Equality Act, 2010 or the Human Rights Act, 1998 in its action with them, during the period investigated. I find no fault with the actions of the Council.

Anti-social behaviour

39. Evidence shows the Council took suitable and proportionate steps to investigate the reports of anti-social behaviour during the scope of the investigation. The Council acted on the evidence available to it. It considered its position about steps such as enforcement action.
40. The Council acted, within the remit of the complaints made by Mr Y. It explained to Mr Y the choices available to him. It explained how Mr Y could take his concerns further.
41. I am satisfied the Council took timely action to address the complaints of ASB reported by Mr Y. Should Mr Y want to take matters further options are available to him, to do so. I find no fault with the actions of the Council.

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Decision

42. I find no fault with the actions of the Council.

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Investigator's decision on behalf of the Ombudsman