The Ombudsman's final decision
Summary: We cannot investigate this complaint about the way the Council responded to the complainant’s complaints about his neighbour who is a Council tenant. This is because we cannot investigate a council when it is acting as a landlord.
The complaint
The complainant, whom I refer to as Mr X, complains about the way the Council responded to his reports of harassment and nuisance from his neighbour. He also complains about the conduct of housing officers and their approach to him. Mr X believes he is the victim of racism and sexism.
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 and the Council. This includes the complaint correspondence and confirmation from the Council that only the housing service has been involved. I considered the Ombudsman’s Assessment Code.
My assessment
Mr X lives next door to a Council tenant. Since 2018 he has been complaining about neighbour nuisance and harassment. He also complains that the housing officers, who have responded to his reports, have taken the neighbour’s side and demonstrated racism and sexism towards Mr X.
The law says we cannot investigate complaints which involve a council acting as a landlord. The Council’s housing service responded to Mr X’s reports in its capacity as the neighbour’s landlord. This means we 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 and carrying out housing management functions.
Investigator's decision on behalf of the Ombudsman