Worthing Borough Council (20 006 249)
Category : Environment and regulation > Antisocial behaviour
Decision : Upheld
Decision date : 07 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s response to anti-social behaviour. This is because we are satisfied with the action the Council intends to take. It has agreed to carry out further investigation and consider how the issues impact Mr X.
The complaint
- Mr X complained the Council has not effectively dealt with anti-social behaviour from his neighbour. He wants it to deal with the anti-social behaviour to improve the situation.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X has reported anti-social behaviour to the Council since 2017. His reports included noise, as well as smells and unwanted visits from his neighbour.
- The Council responded to a complaint from Mr X. It acknowledged Mr X had reported general anti-social behaviour and explained it had investigated whether the noise amounted to a statutory nuisance. It said it did not, and so it could not take any action.
- The Anti-social Behaviour, Crime and Policing Act 2014 gives councils a range of powers and the threshold for what constitutes anti-social behaviour is lower than that which would be considered a statutory nuisance. Councils are encouraged to liaise with other agencies such as the police.
- The Council says in 2017 it sent letters and surveys to several households, but did not gather enough evidence to determine that anti-social behaviour was taking place. It therefore focused on investigating whether there was a noise nuisance. The Council recognises, however, that the situation may have changed. It has therefore agreed to take action and I am satisfied with the action it intends to take.
- Should Mr X have further cause for complaint following the Council’s investigation, it is open to him to make a further complaint to the Council and then us.
Agreed action
- The Council has agreed to investigate and consider Mr X’s situation properly, having full regard to its powers under the Anti-social Behaviour, Crime and Policing Act 2014 and considering the risk to Mr X, within two months of my final decision.
- The Council has agreed it will then use its findings to consider whether a further remedy is appropriate, which could involve paying a token financial remedy. It will decide this and pay any financial remedy within three months of my final decision.
Final decision
- We will not investigate Mr X’s complaint because the Council has agreed to my proposals and I am satisfied with the action it intends to take.
Investigator's decision on behalf of the Ombudsman