London Borough of Haringey (21 009 861)
Category : Housing > Managing council tenancies
Decision : Closed after initial enquiries
Decision date : 24 Nov 2021
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the way the Council’s housing team responded to reports of anti-social behaviour by a Council tenant. This is because we have no power to investigate a council when it is acting as a landlord.
The complaint
- The complainant, whom I refer to as Ms X, complains the Council has not responded properly to her reports of drug-taking and anti-social behaviour (ASB) by her neighbour who is a Council tenant.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 Ms X and the Council. I also considered the Ombudsman’s Assessment Code and invited Ms X to comment on a draft of this decision.
My assessment
- Ms X lives next to a Council tenant. She reported ASB and drug taking by the neighbour. The Council’s housing service contacted Ms X and the neighbour, and liaised with the police. The Council explained to the neighbour that using drugs is a breach of the tenancy conditions. The Council told Ms X that it does not currently have evidence of ASB by the neighbour to enable it to take further action.
- I cannot investigate this complaint because I have no power to investigate a council when it is acting as a landlord and carrying out housing management functions. The Council’s housing service has responded to Ms X’s reports because she is complaining about the conduct of a Council tenant. I appreciate Ms X is dissatisfied with the Council’s response but I cannot start an investigation.
Final decision
- I cannot start an investigation because I cannot investigate a council when it is acting as a landlord.
Investigator's decision on behalf of the Ombudsman