Summary: We cannot investigate this complaint about the Council’s decisions culminating in Miss X’s relative, Mr Y, being evicted from his council home. This is because the complaint has been made late. There are no good reasons to investigate as the eviction was subject to court action. Further, we are prohibited from considering the Council’s actions as social housing provider.

The complaint

1. In summary, Miss X complains about the Council’s handling of matters that resulted in her relative Mr Y being evicted from his council tenancy.
2. Miss X says a Council officer ended Mr Y’s tenancy in court through false evidence. Miss X would like a full investigation as she says Mr Y has been left street homeless.

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The Ombudsman’s role and powers

3. 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)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. 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)

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How I considered this complaint

6. I considered the information provided by the complainant and the Council’s responses to her complaint.
7. I also considered the Ombudsman’s Assessment Code.

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My assessment

8. We can look at the Council’s general duty to tackle anti-social behaviour through the work of its anti-social behaviour teams. But we cannot investigate the Council’s actions as a landlord of social housing.
9. In Miss X’s complaint, both the Council’s anti-social behaviour and tenancy management teams were involved in the matters she raises to the Ombudsman.
10. However, we will not investigate as her complaint is late. Miss X refers to matters in 2022, and earlier, so it is caught by the time bar on Ombudsman’s powers. And there are no good reasons to investigate, given we cannot consider matters subject to court action, nor the Council’s actions as a provider of social housing.

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Final decision

11. We will not investigate Miss X’s complaint because it is late and there are no good reasons to investigate.

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Investigator's decision on behalf of the Ombudsman