The Ombudsman's final decision
Summary: We will not investigate this complaint about not relocating a neighbour who has exhibited criminal behaviour. This is because we have no remit to consider the Council’s action in connection with its management of its social housing.
The complaint
Miss X complains the Council have failed to relocate Miss X’s neighbour, who is a council tenant, following an instance of criminal behaviour.
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 the information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
Miss X reported an incident perpetrated by her neighbour. She complains the Council did not relocate her neighbour following the incident.
The Council have explained the incident was a criminal matter and was delt with by the police. They confirmed a three-year restraining order was issued to the neighbour during the legal proceedings.
The Council state it issued the neighbour a warning letter following the incident following their tiered approach to enforcing antisocial behaviour. The Council said no further incidents have since been reported.
We cannot investigate this complaint because it concerns the behaviour of a Council tenant and the Council’s tenancy management team has been dealing with the concerns. We have no jurisdiction to consider complaints in connection with the Council’s management of its social housing.
Final decision
We will not investigate Miss X’s complaint because we have no jurisdiction to consider the Council’s action in connection with its management of its social housing.
Investigator's decision on behalf of the Ombudsman