London Borough of Bromley (23 008 619)
Category : Adult care services > Safeguarding
Decision : Closed after initial enquiries
Decision date : 25 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s response to Miss X’s complaints about a neighbour. This is because an investigation will not achieve anything worthwhile.
The complaint
- In summary, Miss X says she has been subjected to harassment and nuisance by a neighbour. She says she does not feel safe in her home and garden because of the abuse and as the neighbour throws rocks at her.
- Miss X says the neighbour should be assessed and sectioned due to their poor mental health.
The Ombudsman’s role and powers
- We investigate 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 continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- This complaint is linked to complaint ref:23008618 where Miss X complains about the Council failing to evict the neighbour in question from their private tenancy for causing a nuisance. As outlined in the that complaint, the Council wrote to Miss X to explain the actions it has taken together with other agencies (which includes serving a notice on the neighbour).
- It is for the NHS, and not the Council, to seek to assess someone for their mental health needs if justified.
- We will not investigate. Due to the nature of the complaint concerning the health of a third party we would not be able to share any information with Miss X.
- Having said that, the information I have seen suggests that, on the face of it, the Council is aware and liaising with other agencies appropriately.
Final decision
- We will not investigate as, while the Council appears to be dealing with the matters Miss X raises, without the neighbour’s consent it cannot share their personal data. So, we cannot achieve anything worthwhile by investigating.
Investigator's decision on behalf of the Ombudsman