The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to take action over noise from Miss X’s neighbours. The complaint was received outside the normal 12-month period for period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner. We have no jurisdiction to investigate complaints from social housing tenants about tenancy and housing management by social housing landlords.
The complaint
Miss X complained about the Council refusing to take action over her complaints about noise and anti-social behaviour by her neighbours. She says she was referred to her housing association landlord to deal with the tenancy matter but they have failed to take her complaints seriously over the past two years.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says she has been suffering from noise form her neighbouring tenants for two years. The neighbours move around their home noisily, slam doors and have scratched on her walls. She also says that rubbish from their garden has been dumped in her own on occasions. She is a social housing tenant and has complained to her housing association landlord several times. She says the complaints were not taken seriously and that she was told these were normal domestic noise to be expected in everyday living.
Miss X complained to the Council stating that the neighbour nuisance was anti-social behaviour. The Council considered this to be a tenancy matter which should be dealt with by the landlord who manages both tenancies. It advised her to make a formal complaint about the landlord’s actions and if she remained dissatisfied to complain to the Housing Ombudsman Service which is the proper authority to consider complaints about social housing landlords.
It is clear that Miss X has been aware of the problems wither neighbours for more than 12 months and did not complain to us within the required timescale. We will not exercise discretion to consider this complaint now. This is because even had she submitted a complaint to us within 12 months, we have no jurisdiction to investigate social housing landlords and she would have been signposted to the Housing Ombudsman as the Council has done.
Final decision
We will not exercise discretion to investigate this complaint about the Council’s failure to take action over noise from Miss X’s neighbours. The complaint was received outside the normal 12-month period for period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner. We have no jurisdiction to investigate complaints from social housing tenants about tenancy and housing management by social housing landlords.
Investigator's decision on behalf of the Ombudsman