The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with reports of anti-social behaviour. We cannot investigate actions taken by a council acting as a registered social housing provider.
The complaint
Mr X complained to the Council that his neighbours had caused damage to his home and had committed anti-social behaviour by creating a noise nuisance. Mr X says the Council did not respond to these complaints adequately and this left him living in fear in his home.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he reported damage and anti-social behaviour caused by his neighbours to the Council. Mr X says the Council investigated but took no formal action.
The Council carried out this investigation and made the decision while acting in its capacity as a registered social landlord and the law says we cannot investigate the Council’s actions taken in this respect.
Final decision
We will not investigate this complaint about how the Council dealt with reports of anti-social behaviour. We cannot investigate actions taken by a council acting as a registered social housing provider.
Investigator's decision on behalf of the Ombudsman