Summary: We will not investigate this complaint about housing-related matters. The law prevents us investigating the Council’s management of social housing. The Information Commissioner can better consider the point about access to information. Other points have not completed the Council’s complaint procedure.

The complaint

1. Ms X complains about various matters related to her housing, including: a lack of contact from Council officers; the Council seeking possession of her home; the Council’s actions about alleged antisocial behaviour; and the Council not supplying files about a “right to buy” application.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and copy complaint correspondence from the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. I understand Ms X is a social housing tenant of the Council’s. The restriction in paragraph 3 above prevents us investigating the Council’s actions “…in connection with its housing activities so far as they relate to the provision or management of social housing…” This applies to Ms X’s complaints that: a housing officer’s supervisor did not contact her in 2020; her housing officer did not contact her in response to her requests between March and June 2023; and the Council sent notices seeking possession of Ms X’s home. The law prevents us investigating these points.
9. Ms X says the Council tried to make her and her family homeless “by sending me unnecessary anti social behaviour threats.” If this is a reference to the Council’s actions as landlord of social housing, such as warning or threatening the Council could end the tenancy, the restriction in paragraph 3 above applies.
10. Ms X might separately wish to complain about the Council’s handling of antisocial behaviour matters outside the Council’s role as landlord. However, her complaint to the Council about antisocial behaviour has only completed the first of the two stages of the Council’s complaint procedure. The Council’s stage one response in November 2023 advised how Ms X could go to the second stage. So the restriction in paragraph 4 applies. I see no good reason to deprive the Council of the opportunity to consider any such complaint fully. Therefore Ms X should complete the Council’s complaint procedure if she wants to pursue this point. If Ms X remains dissatisfied after completing the Council’s complaint procedure, she can bring this point back to us as a new complaint.
11. Ms X also says the Council made then cancelled appointments. I have seen no evidence of a complaint about that point completing the Council’s complaint procedure. Ms X should take this point through the Council’s complaint procedure if she wishes to pursue it. However, if the appointments were in connection with the management of social housing, we would not be able to consider a complaint about them.
12. Ms X says the Council is withholding files on her “right to buy” application. The restriction in paragraph 5 applies here. The Information Commissioner has the expertise to decide if the Council is withholding information Ms X should have. I see no good reason why we should try to decide that point instead. Ms X can take this point to the Information Commissioner.

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Final decision

13. We will not investigate Ms X’s complaint. The law prevents us investigating matters connected to the Council’s management of its social housing. The Information Commissioner can more appropriately to consider the point about withholding information. Other points have not completed the Council’s complaint procedure.

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Investigator's decision on behalf of the Ombudsman