The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint about damage to her property caused by a neighbour because we cannot investigate complaints about the management of social housing by the Council. We will not investigate Ms X’s complaint about anti-social behaviour because there is not enough evidence of fault by the Council.
The complaint
Ms X complains her neighbours have caused damage to her property by hammering. She says this caused a crack in her ceiling.
Ms X says her neighbours cause statutory noise nuisance by hammering, swearing, shouting and allowing their dog to whine without attention.
Ms X says these actions have caused her distress and she wants the Council to purchase her house so she can move.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X owns her home, and her neighbour is a Council tenant. We cannot investigate complaints about damage caused to her property by her neighbours. This is because the complaint is about the Council’s actions managing social housing and the law does not allow us to investigate these matters.
The Council offered to install listening devices in Ms X’s home to allow it to collect evidence of noise nuisance. Ms X declined. The Council offered mediation between Ms X and the neighbour. Ms X declined.
The Council require evidence of the nuisance before it can act. Ms X has refused Council offers to monitor the noise and discuss the issues with her neighbour. Therefore, there is insufficient evidence of fault by the Council, and we will not investigate this complaint.
Final decision
We cannot investigate Ms X’s complaint about damage to her property caused by a neighbour because we cannot investigate complaints about the management of social housing by the Council. We will not investigate Ms X’s complaint about anti-social behaviour because there is not enough evidence of fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman