Summary: We will not investigate this complaint about the Council’s actions when Mr X reported his neighbours’ behaviour. We have no legal power to investigate the Council’s actions as a registered social housing provider. We will not investigate the actions of the Environmental Health team as there is insufficient evidence of fault.

The complaint

1. Mr X complained the Council had not taken sufficient action to resolve issues caused by his neighbours who he said are in breach of their Council tenancy. His concerns included rubbish being left outside, dogs fouling in the garden and this not being cleaned up, noise from the dogs and drugs being taken. He said the Council had refused to disclose what action its tenancy service had taken.
2. Mr X also said the Council’s environmental health team had issued two abatement notices, but then had not taken any further action. He said the environmental health team had told him the matter was for its tenancy team and stopped responding to Mr X.
3. Mr X said the matter had caused his household significant distress and impacted their ability to enjoy their house and garden. He wanted the Council to take action to stop the issues recurring.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We have no legal power to investigate the matters that fall under the Council’s tenancy services’ responsibilities. The law prevents us from investigating the Council’s actions as a registered social housing provider. The Housing Ombudsman is the body that normally considers such matters. However, it may not be able to investigate the matter for other reasons, for example when the complainant is not also a Council tenant.
10. We can consider the actions of the Council’s environmental health team, so I have considered parts of the complaint that would fall under the environmental health team’s remit. This includes the noise from the neighbours’ dogs and the rubbish left outside the neighbours' property.
11. The Council removed rubbish from outside the neighbours’ property after Mr X reported it. The Council acknowledged there was some delay in it doing so. It said it understood the matter was since resolved. Mr X indicates this matter may have reoccurred. It is open to him to make a report if this is the case, for the Council to remove the rubbish again. There is insufficient evidence of fault to warrant investigation by the Ombudsman.
12. The Council issued noise abatement notices to Mr X’s neighbours. Mr X says the Council then failed to take any further action. He said that he has therefore stopped reporting the issue to the Council. However, for the Council to take action, it would need to be in receipt of evidence an abatement order had been breached.
13. While Mr X is frustrated by events so far and what he perceives as lack of action by the Council, it is open to him to begin submitting evidence of noise nuisance again in order for the Council to gather the necessary evidence and consider its further powers. There is insufficient evidence of fault to warrant investigation by the Ombudsman.

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Final decision

14. We will not investigate Mr X’s complaint because we have no power to consider the Council’s actions as a registered social housing provider, and there is insufficient evidence of fault in the matters we could investigate.

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Investigator's decision on behalf of the Ombudsman