Sandwell Metropolitan Borough Council (202436360)

REPORT

COMPLAINT 202436360

Sandwell Metropolitan Borough Council

22 July 2025

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

1. The complaint is about the landlord’s handling of the resident’s report of antisocial behaviour (ASB).

Background

2. The resident holds a secure tenancy on a house owned by the local council. She lives with her 16-year-old son. Her next-door neighbours are tenants of a different landlord.
3. In April 2022, the resident reported her neighbour’s dogs were causing a nuisance as there was excessive barking, faeces and dog toys in her garden. No further reports occurred until 13 July 2023, when she informed the police of similar issues. The police and the landlord visited the resident on 25 July 2023, and the neighbour was guided to remove rubbish from the resident’s garden. The resident provided her daily logs on 30 August 2023. No further reports occurred until 7 May 2024, when she sent footage of similar incidents to the landlord and the police.
4. The resident raised a formal complaint on 10 May 2024. She said that she had received no updates from the landlord since it had collected her diary logs in August 2023. She reported feeling anxious in her own home, which affected her mental health.
5. In its stage 1 response on 23 May 2024, the landlord said it had collected the daily log in August 2023 and asked the resident to use the noise app, but there was no indication she did so. It recognised that it had not contacted the resident after that. However, it said as the resident did not submit further evidence, its officers reasonably believed the issue was resolved. It said it had logged a complaint on the resident’s behalf with the landlord of the neighbouring property. It said it would update the resident once it received a response.
6. In her escalation on 4 June 2024, the resident said she had sent medical letters, emails, logs, pictures, videos and police reports. She said it was “pointless” for her to keep sending more evidence as these had not been acted upon. She asked the landlord to explain the actions it had taken to assist her.
7. In its final response letter dated 18 June 2024, the landlord said:
   1. It failed to maintain accurate records and was unable to assess whether it followed its policy and procedures, and kept appropriate contact with the resident, for which it was sincerely sorry.
   2. It had reviewed the ASB case in February 2024, and as there were no further reports from the resident since July 2023, it closed the case. It should have informed the residents, but it failed to do so.
   3. Following the resident’s contact in May 2024, it had now contacted the neighbour’s landlord and was waiting for an update.
8. The resident brought her complaint to the Service on 18 November 2024. She said the landlord’s lack of action made her feel unsafe at home and affected her mental and physical health. To resolve the complaint, the resident would like:
   1. A detailed report outlining the actions the landlord had taken and would take to stop the ASB and prevent future ASB.
   2. A clear timeline for replacing the fence with a slab separation wall.

Assessment and findings

Scope of investigation

9. The resident initially reported issues with her neighbours and their dogs in April 2022. She raised her formal complaint in May 2024. The Ombudsman encourages residents to raise formal complaints with their landlords in a timely manner, which would usually be within 12 months of the issue arising. As issues become historical, evidence becomes increasingly difficult to obtain, which affects the Service’s ability to investigate the complaint fairly. We have therefore decided to focus on the events from May 2023, 12 months before the resident’s formal complaint.
10. The Service recognises that the issues reported by the resident have caused her significant distress. The Ombudsman’s role in this investigation is to assess the appropriateness and adequacy of the landlord’s actions in responding to reports of ASB. Our investigation will consider the landlord’s actions in the context of its relevant policies and procedures, as well as what was fair in all the circumstances of the case.
11. Part of the resident’s complaint to us was about the impact on her health and well-being. The Ombudsman is unable to assess the cause of, or liability for, impacts on health and wellbeing. The resident may be able to make a personal injury claim if she considers that her health has been affected by the landlord’s actions or inaction. This is a legal process, and the resident may wish to seek legal advice if she wishes to pursue this option.
12. The resident often contacted the landlord via her councillor, who in turn contacted the landlord’s ASB team. Part of the resident’s complaint was about how her case was handled by her councillor and the police, who she said could have supported her better. Complaints about a councillor should be referred to the councillor’s office in the first instance and may be escalated to the Local Government and Social Care Ombudsman (LGSCO).  Complaints about the police should be directed to the relevant police force and may be escalated to the Independent Office for Police Conduct (IOPC).

The resident’s reports of ASB

13. The landlord’s ASB policy says it would work with residents to build trust and confidence in its services. ASB will be addressed firmly and fairly using an evidence based and proportionate approach. Not every allegation reported will be accepted as ASB. The landlord will use its professional judgment to assess each case on its circumstances. Reports are logged with a unique reference, followed by a risk and vulnerability assessment. Cases are kept open only as long as necessary, and complainants will be informed about the action the landlord would take or the reasons for its decision not to take action.
14. In July 2023, the resident reported that her neighbour’s dogs had crossed into her garden. She also reported that her neighbour had thrown household waste into her garden, as well as glass bottles. She said she felt unsafe, anxious, intimidated by the dogs, and that this was damaging to her health. She called the police in July 2023 following an argument with the neighbour. Subsequently, the police arranged a home visit together with the landlord. They spoke with the resident and visited her neighbour, who made counter allegations against the resident. The landlord provided diary sheets to both parties and confirmed to the police on 26 July 2023 that it was monitoring the case and would have a “full view” of the events that occurred once the parties submitted their daily logs.
15. According to the landlord’s ASB policy, the landlord was now required to conduct a risk and vulnerability assessment. There is no evidence that it has done so.
16. The landlord collected the log sheets from the resident on 30 August 2023. In an internal email on 1 September 2023, the landlord said that the logs were ‘vague’. There is no evidence that it communicated that to the resident. From the evidence available to the service, the landlord was unable to locate the resident’s logs on its system. Consequently, it also failed to explain the action it would take as a result of the logs or the reasons for its inaction.
17. In its May 2024 stage 1 response, the landlord said it had reviewed the resident’s ASB case in February 2024, and as the resident had not reported an incident since September 2023, it decided to close the case. It is reasonable for the landlord to close inactive ASB cases, and it is also reasonable to expect residents to continue reporting ongoing ASB issues. However, the landlord’s lack of communication had eroded the resident’s trust in the landlord’s services, which was one of the aims its ASB policy was designed to improve. In her May 2024 email to the landlord, she said she felt let down and that the landlord’s lack of action had made her feel unsafe at home and affected her mental and physical health.
18. The resident’s stage 1 complaint on 10 May 2024 included recent incidents such as loud music and barking on 4 May 2024, as well as barking and howling on 6 May 2024. After an argument with her neighbour on 16 May 2024, she called the police again and shared footage of the dogs. The police wrote to the landlord, describing the dogs as “very aggressive”. The landlord agreed on an action plan with the police, which involved the resident using the noise app and the landlord sending letters to the neighbour about noise nuisance/ barking and garden security. There is no evidence, however, that the landlord sent the letter to the neighbour. There was also a disagreement with the resident over whether the landlord’s explanation of the noise app was clear enough for the resident to download and use the app.
19. In her June 2024 escalation request, the resident said it was “unacceptable” that the landlord told her she has to fix the fence, which was damaged by the neighbours’ dogs. She said she was not in a position, financially or physically, to do so. Her tenancy agreement and the landlord’s handbook do not specify who is responsible for the fences. The landlord would not be expected to repair areas of the property which were not its responsibility.
20. In July 2024, the neighbour’s landlord visited the property and said that repairing the fence could solve the tension between the resident and her neighbour. It informed the landlord that it was willing to repair the fence if the landlord would share the cost of the repair. The resident informed us in July 2025 that she was still awaiting the landlord’s decision. However, according to the evidence, the landlord responded to the neighbour’s landlord on the same day, saying that the fence was the resident’s responsibility and therefore they were unable to assist. In contrast to its ASB policy, the landlord did not keep the resident informed. Moreover, while it was not unreasonable that the landlord declined to absorb the cost, the resident may have taken this offer up if she knew it would only be half of the cost. The landlord did not appear to be resolution focused.
21. In its final response letter on 18 June 2024, the landlord acknowledged that it had failed to keep accurate records and was therefore unable to say whether it had followed its policies and procedures or kept appropriate contact with the resident. Despite recognising failures, the landlord made no attempts to put things right. As such, the landlord failed to act in accordance with the Ombudsman’s Dispute Resolution Principles – to be fair, put things right, and learn from outcomes.
22. The resident told the Service complaint that the landlord’s lack of action, lack of communication and failed promises have exacerbated her distress and the impact that the incidents with her neighbours already had on her health and well-being. Evidently, the landlord failed in its communication with the resident, such as in February 2023 when it did not inform the resident it was closing her case.  In July 2024, it failed to inform her that she could contribute towards repairing the fence. It also failed to take action and deliver on its promises. For example, in August 2023, it said it would review the case once it had collected the daily logs, but failed to do so. In May 2024, it stated that it would send general warning letters to the neighbour, but has not provided evidence that it did this either. It also failed to keep appropriate records, and despite recognising some failings, it made no attempts to put things right.
23. We have relied on the Ombudsman’s Remedies guidance to consider an appropriate amount of compensation. We have taken into account that the landlord’s failings adversely affected the resident for some time. We also considered that the landlord has acknowledged some but not all of its errors. However, it did not attempt to put things right. An order of compensation has been made below, which forms part of the redress package to put things right for the resident.
24. Finally, there are no indications that the landlord has identified learning from the case. A further order has been made below for it to do so.

Determination

25. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s reports of anti-social behaviour (ASB).

Orders

26. Within 4 weeks from the date of this report, the landlord must write a letter of apology to the resident for the failings identified in this report. The letter must also include at a minimum:
    1. The actions it has already taken, or would take, to learn from the case and ensure it does not repeat similar errors.
    2. Its commitment to assisting the resident by outlining the actions it would take, as well as the actions it would like the resident to take, so that they can work together to reduce the ASB impact on the resident.
    3. Should the resident be interested in contributing towards repairing the fence, and assuming the offer was still available, the landlord must commit to coordinating with the neighbour’s landlord to execute the repair.
    4. A copy of this letter must be sent to the Service within 4 weeks.
27. In recognition of the distress and inconvenience caused, the landlord must pay the resident directly £300 in compensation. Evidence of payment must also be sent to the Service.