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Luton Borough Council (19 018 711)

Category : Environment and regulation > Antisocial behaviour

Decision : Upheld

Decision date : 05 Oct 2021

Summary: Miss X complained that the Council did not consider using all its powers when it investigated her complaints about anti-social behaviour by a neighbour.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

To remedy the injustice identified in this report we recommend the Council should:

  • pay Miss X £250 to recognise the distress, inconvenience and uncertainty caused by its faults;
  • consider what steps it can take to promote and publicise the Community Trigger to ensure there is greater public awareness of this option;
  • issue a reminder to officers that they should always consider whether it is appropriate to use the wider anti-social behaviour (ASB) powers under the 2014 Act when they receive complaints about ASB by Council tenants and leaseholders; and
  • remind officers who investigate complaints at the final stage of its complaints procedure that complainants who are not Council tenants or leaseholders cannot complain to the Housing Ombudsman  service. If they are complaining about the Council’s use of its ASB powers, we may be able to investigate.

Ombudsman satisfied with Council's reponse: 1 February 2022

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