The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s failure to take sufficient action against its tenants over their behaviour towards the complainant. We have no jurisdiction to investigate complaints about the management of social housing tenancies by their landlords.
The complaint
Mr X complained about the Council’s failure to take action against its tenants whom he says have been causing harassment for a number of years. He also says the Council referred him incorrectly to the Housing Ombudsman Service who cannot consider his complaint a because he is a private householder.
The Ombudsman’s role and powers
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 have considered the information provided by the complainant and the Council’s responses.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he has suffered harassment and anti-social behaviour for a number of years caused by his neighbours who are Council tenants. He wants the Council to take action by enforcing its tenancy conditions but it has failed to do so.
Mr X complained to the Council and it did not uphold his complaint but referred him to the Housing Ombudsman Service which investigates complaints about social housing tenants and their landlords. he says this was also fault by the Council because the Housing Ombudsman does not investigate complaints from private householders. Only social housing tenants can access this service.
Since 2013 the Housing Ombudsman is the only Ombudsman which can investigate complaints about social housing landlords managing their tenants. We have had no jurisdiction to investigate these matters since that date. It was not fault for the Council to refer Mr X to the Housing Ombudsman. Only the Ombudsman can decide to reject a complaint to it and the Council could not do this on its behalf.
Final decision
We cannot investigate this complaint about the Council’s failure to take sufficient action against its tenants over their behaviour towards the complainant. We have no jurisdiction to investigate complaints about the management of social housing tenancies by their landlords.
Investigator's decision on behalf of the Ombudsman