The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s handling of anti-social behaviour between Miss X and her neighbours. We have no jurisdiction to investigate the Council’s management of its leasehold properties.
The complaint
Miss X complained the Council failed to take action against her neighbours after she experienced antisocial behaviour. She said her neighbours’ behaviour had caused her significant distress. She wants the Council to financially compensate her for its faults.
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 management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Miss X’s complaint about how the Council has dealt with her neighbours’ anti-social behaviour. Miss X is a tenant in a Council leasehold property. Her neighbours live in the same building. We have no jurisdiction to investigate the Council’s actions where it is the leaseholder of the property. Additionally, it would appear Miss X’s neighbours are social housing tenants. We have no jurisdiction to investigate the Council when it is acting as a social landlord.
Final decision
We cannot investigate Miss X’s complaint because we have no jurisdiction to investigate.
Investigator's decision on behalf of the Ombudsman