Summary: We cannot investigate Mr B’s complaint about how the Council responded to his concerns about the behaviour of a Council tenant. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. Mr B complains the Council failed to properly respond to his concerns about the behaviour of the Council tenant at the adjoining property, and other Council tenants on his road. Mr B says the tenants’ actions have caused him fear and distress, and his property has been damaged. Mr B has also been worried about the tenant’s welfare. Mr B is concerned the Council is not undertaking appropriate checks before placing a tenant in a Council property and is not taking action when concerns are raised about tenant behaviour.

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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)

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How I considered this complaint

4. I considered information provided by Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B’s complaint is about the Council’s management of these Council-owned properties in its role as a social landlord. We cannot investigate complaints about the management of social housing by councils. This restriction to our powers means we cannot investigate the issues Mr B has complained about and have no discretion to start an investigation.

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Final decision

7. We cannot investigate this complaint because it is about the management of social housing by the Council as a social landlord.

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Investigator's decision on behalf of the Ombudsman