Summary: We will not investigate this complaint about how the Council dealt with reports of antisocial behaviour. This is because further investigation would not lead to a different outcome.

The complaint

1. The complainant, who I will call Mr X, complains about how the Council has dealt with his reports of antisocial behaviour by a neighbour. Mr X says the neighbour has been leaving rubbish outside their property for four years. Mr X wants the Council to take enforcement action.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
3. 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)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X has complained to the Council about antisocial behaviour and noise from his neighbour, who is a Council tenant. Mr X has asked the Council to take formal action regarding his neighbours tenancy and also asked the Council to take enforcement action using its antisocial behaviour powers.
8. I cannot investigate how the Council considered Mr X’s request to act in regard to his neighbours tenancy, this is because it was acting in its capacity as a registered social landlord and the law says we cannot investigate the Council’s actions taken in this respect.
9. I also will not investigate Mr X’s complaint about how the Council handled the issue of antisocial behaviour going back four years. This is because I see no reason why Mr X could not have complained sooner about these matters.
10. I will not investigate how the Council considered its antisocial behaviour powers more recently. It has a live investigation into Mr X’s reports of noise and antisocial behaviour, including the issues Mr X raises in his complaint. Records show the Council has properly considered Mr X’s reports and has recently used its formal antisocial behaviour enforcement powers against the neighbour. The Council’s investigation regarding these matters is ongoing. Having considered this point I am satisfied that the Council has taken appropriate action and do not consider that further investigation would lead to a different outcome.

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Final decision

11. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman