Summary: We cannot investigate part of Miss X’s complaint about the Council’s contractor crossing her property because it relates to the Council’s function as a social housing landlord and the law says we cannot investigate. We will not investigate Miss X’s complaint about anti-social behaviour generated by the site because the Council has not had the opportunity to consider the complaint.

The complaint

1. Miss X complained a Council contractor used her driveway to access its storage yard. Miss X also complained to the Ombudsman about noise nuisance and anti-social behaviour caused by the site.
2. Miss X said the matter caused her frustration and distress.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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)

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How I considered this complaint

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

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My assessment

Background

8. In May 2025 Miss X complained to the Council. She said a Council contractor, which was undertaking repairs of council houses in the local area, had consistently crossed her property boundary when accessing a storage yard.
9. The Council responded and explained it spoke with the contractor about the matter.
10. Miss X remained dissatisfied so complained again. She said the contractor continued to access her property and cross her driveway. The Council responded and explained the circumstances and offered a financial remedy.
11. Miss X then brought her complaint to the Ombudsman. In her complaint to the Ombudsman, Miss X explained about anti-social behaviour at the site including theft, noise, and other nuisance.

Crossing Miss X’s property

12. We cannot investigate this complaint. The contractor is acting on behalf of the Council in providing repairs to local social housing. This means the contractor is acting under the direction of the Council in its role as a social housing landlord.
13. The law says the Local Government and Social Care Ombudsman cannot investigate complaints about the management of social housing by a council. Therefore, we cannot investigate this complaint.

Noise nuisance and anti-social behaviour

14. In her complaint to the Council, Miss X did not include matters relating to the anti-social behaviour issues she raised with us. It is open to Miss X to complain to the Council about the anti-social behaviour she has experienced. The Council can then consider what action, if any, it will take.
15. I have seen no good reasons the Council should not be provided the opportunity to consider the matter in the first instance. Consequently, this matter is premature, and we will not investigate this complaint.

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Final decision

16. We cannot investigate part of Miss X’s complaint about the Council’s contractor crossing her property because it relates to the Council’s function as a social housing landlord. We will not investigate the remainder because it is premature.

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Investigator's decision on behalf of the Ombudsman