Summary: We will not investigate this complaint about the Council’s failure to take action against two of its tenants for anti-social behaviour since 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner. We cannot investigate complaints about the management of social housing tenancies by their landlords.

The complaint

1. Mrs X complained about the Council’s failure to evict two tenants in her street who have caused problems for other residents since 2022. She says the Council has removed other tenants in the past for lesser activities and she wants it to remove these tenants also.

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The Ombudsman’s role and powers

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)
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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

7. Mrs X has complained to the Council about two of its tenants who have been involved in anti-social behaviour (ASB) and tenancy breaches since 2022. The Council has investigated and taken action against both tenants but they have not been removed and continue to be a problem for the whole street in her view.
8. The Council says that one of the perpetrators left the address in January 2023 following an ASB investigation. A further complaint linked to the perpetrator was opened in January 2025 and is ongoing by the neighbourhood housing team. We cannot investigate complaints about the management of social housing tenancies by council landlords. if the landlord fails to take action any council tenant affected by this could complain to the Housing Ombudsman service.
9. The Council says it opened another ASB case against a second perpetrator in early 2023 and this case is ongoing. The case involved other agencies and the Council obtained an interim court injunction in July 2023. Following further behaviour issues the Council went back to the court and obtained a final injunction order in early 2024.
10. We will not consider these actions now because they took place more than 12 months before Mrs X complained to us and she was aware of them at the time. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
11. A breach of the injunction was reported in February 2025 and Mrs X was involved in the Council’s return of the case to the court. The court did not grant there had been a breach following the perpetrator contesting the claim. Although this action is within the 12 month’s timescale we cannot consider complaints about matters which have been subject to court proceedings.
12. Since this action the Council has told Mrs X that the Council housing landlord intends to take action against the tenant’s tenancy in the form of a notice of seeking possession for breaches of conditions. This is an action by the social housing landlord and we will not be able to consider it as it is outside our jurisdiction.
13. The Council has advised Mrs X to complain to the housing Ombudsman about these matters if she remains dissatisfied but as she is not a tenant it is unlikely she would be eligible. However, she says most residents of the street have been affected by the matter and any other council tenant could raise a complaint with the Housing Ombudsman.

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Final decision

14. We will not investigate this complaint about the Council’s failure to take action against two of its tenants for anti-social behaviour since 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner. We cannot investigate complaints about the management of social housing tenancies by their landlords.

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Investigator's decision on behalf of the Ombudsman