Summary: We cannot investigate this complaint about a housing fraud investigation that was concluded in 2016. This is because we have no power to investigate a council when it is acting as a landlord and because the Housing Ombudsman has already considered the complaint. We also cannot investigate allegations of crime.

The complaint

1. The complainant, whom I refer to as Mr X, complains about the conduct of the Council’s fraud officer when the Council did an investigation to see if Mr X was living in his Council flat. For example, Mr X says the officer tracked him and forced him off the road. Mr X says the officer continues to harass him. Mr X wants compensation.

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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)
4. We cannot investigate allegations of crime.

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How I considered this complaint

5. I considered information provided by Mr X and the Council. This includes the report by the Housing Ombudsman. I considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

6. In 2015 the Council did an investigation to find out if Mr X was living in his Council flat. By 2016 the Council had concluded he was living there. Mr X remains in the property.
7. Mr X complained about the conduct of the fraud investigator. For example, he accused the officer of carrying out unreasonable surveillance, driving erratically to force Mr X off the road, and of harassing him.
8. In 2018 the Housing Ombudsman decided the Council had not done anything wrong. As part of the consideration of the complaint, the Housing Ombudsman considered Mr X’s complaints about the fraud officer and found no evidence to support the allegations.
9. Mr X says the officer continues to have him under surveillance and he says someone has put a tracker on his car.
10. I cannot start an investigation because I have no power to investigate a complaint about a council when it is acting as a landlord. Such complaints are dealt with by the Housing Ombudsman. The Housing Ombudsman has already decided there was no fault by the Council and nothing to substantiate Mr X’s allegations about the officer.
11. As no evidence of wrong-doing was found in relation to the 2015 investigation then it is unlikely there would be evidence of continuing wrong-doing. If, however, Mr X thinks someone has placed him under surveillance, or has applied a tracker to his car, then that would be a matter for the police.

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Final decision

12. I cannot start an investigation because we cannot investigate complaints about a council when it is acting as a landlord and because the Housing Ombudsman has already considered the complaint. In addition, we cannot investigate allegations of crime.

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Investigator's decision on behalf of the Ombudsman