The Ombudsman's final decision
Summary: We cannot investigate this complaint about the way the Council’s housing management service investigated the complainant’s reports of noise nuisance from a neighbour. This is because we have no power to investigate a council when it is acting as a landlord.
The complaint
The complainant, whom I refer to as Ms X, complains about the way the Council investigated her reports of noise nuisance from her neighbour. Ms X and her neighbour are Council tenants.
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 Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.
My assessment
Ms X is a Council tenant. She reported noise nuisance from her neighbour to her landlord. The Council is her landlord. The Council’s housing service responded to Ms X’s reports of noise and responded to the complaint.
The law says we cannot investigate a complaint which concerns the Council carrying out housing management functions and acting as a landlord. Ms X is complaining about the way the Council, as her landlord, responded to her reports of noise from another Council tenant. I have no power to investigate the complaint.
Final decision
We cannot investigate this complaint because we have no power to investigate a council when it is acting as a landlord.
Investigator's decision on behalf of the Ombudsman