Birmingham City Council (22 003 851)

Category : Housing > Other

Decision : Closed after initial enquiries

Decision date : 23 Jun 2022

The Ombudsman's final decision:

Summary: We cannot investigate Mrs X’s complaint about the Council not responding to her complaint about anti-social behaviour by its tenants. This is because the complaint relates to the Council’s management of its social housing and lies outside our legal remit.

The complaint

  1. In summary, Mrs X complains about the Council’s failure to deal with her complaints about anti-social behaviour suffered by her tenants for over two years.
  2. She says the anti-social behaviour was committed by the Council’s tenants. She reports she lost her tenants and had to sell the flat. She would like to be compensated.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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

Assessment

  1. Mrs X is raising concerns about tenants who lived in a Council owned property used for social housing. The Council’s actions Mrs X complains about relate to its management of this property so we cannot investigate. Further, we cannot investigate complaints about complaints procedures where the substantive matter lies outside our jurisdiction.

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Final decision

  1. I cannot investigate this complaint as it relates to the Council’s management of its social housing and so lies outside our legal remit.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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