The Ombudsman's final decision
Summary: We cannot investigate this complaint about the allocation of a tenancy to Mr X’s neighbour. This is because the complaint has been raised in the context of Mr X alleging unfairness by housing management staff. We have no remit to consider complaints about the Council’s actions when it is acting as a social housing landlord.
The complaint
Mr X has been complaining about noise nuisance from residents in a neighbouring property. He would like an investigation into the tenancy allocation at this property as he believes housing staff are making malicious allocations.
Mr X would also like the Ombudsman to investigate the interactions between the Council and the Housing Ombudsman.
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) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Housing Ombudsman. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We can investigate complaints from housing applicants about the Council’s operation of its Housing Allocations Scheme. However, that scenario does not apply here. Mr X is not complaining about the Housing Allocations scheme in relation to any application by himself.
Mr X’s complaint is made in the context of his being a tenant of the Council concerned that housing management staff are making malicious allocations. Mr X says these tenants go on to cause nuisance which affects him.
We have no remit to investigate this complaint. It concerns the Council’s actions as a landlord of social housing.
We also have no remit to consider the Housing Ombudsman.
Final decision
We cannot Mr X’s complaint because it concerns the Council’s actions as a social housing landlord.
Investigator's decision on behalf of the Ombudsman