The Ombudsman's final decision
Summary: We cannot investigate this complaint about the way the Council responded to the complainant’s reports of nuisance from a neighbour. This is because we have no power to investigate a council when it is acting as a landlord.
The complaint
The complainant, Ms X, complains about the way the Council responded after she reported problems with a neighbour. Ms X wants the Council to award more compensation.
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 Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
Ms X is a private tenant. Ms X contacted the Council to complain about a neighbour; the neighbour is a Council tenant.
The Council’s housing service responded to Ms X’s reports. The housing service apologised to Ms X for not doing more to support her at an earlier stage and for not communicating effectively. The Council awarded £250 to Ms X.
Ms X says the Council should award more than £250.
The law says we cannot investigate any complaint which involves a council acting as a landlord and providing housing management services. The Council is not Ms X’s landlord but, because the neighbour is a council tenant, it is the Council, as the neighbour’s landlord, that responded to Ms X’s complaints about the neighbour. This means we have no power to start an investigation or ask the Council to pay more compensation.
Final decision
We cannot investigate this complaint because the law prevents us from investigating a complaint which involves the Council providing housing management services and acting as a landlord.
Investigator's decision on behalf of the Ombudsman