The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to antisocial behaviour. The substantive issues relate to the Council’s role as a social landlord and the complaint would be better dealt with by the Housing Ombudsman as both Mrs X and the neighbour in question are Council tenants.
The complaint
Mrs X complained about the Council’s lack of action in response to her neighbour’s anti-social behaviour which has included harassment, and racial and homophobic slurs. This has impacted Mrs X’s and her son’s mental and physical health. They want to move to a different property.
The Ombudsman’s role and powers
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) 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 another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We can investigate councils’ handling of antisocial behaviour, except in the execution of its duties as a social housing provider. The Housing Ombudsman Service can investigate complaints about councils' handling of antisocial behaviour by one of their tenants, where the complainant is also a council tenant.
The substantive issues Mrs X raises relate to issues the Council has considered in its role as a landlord. Given this, and given that the outcome Mrs X seeks from complaining is a move to different accommodation, the complaint is one that would be better handled by the Housing Ombudsman than by us.
Final decision
We will not investigate Mrs X’s complaint because the substantive issues are for the Housing Ombudsman.
Investigator's decision on behalf of the Ombudsman