Summary: We will not investigate this complaint about the Council’s response to Ms X’s reports of anti-social behaviour (ASB) from a club close to her home and to her various accusations made against Council officers. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, complains about the Council’s response to her reports of anti-social behaviour from a club close to her home and to her various accusations made against Council officers.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X has complained about ASB from a club close to her home for a number of years. Recently, Ms X complained again to the Council about the same matters which resulted in her submitting three Community Trigger applications. These were considered with the last application accepted but closed because the incidents complained about did not meet the threshold for legislative action.
6. Ms X, already subject to contact restrictions under the Council’s Unreasonably Persistent Complaints Policy, made accusations against Council staff alleging incompetence, harassment, defamation and malicious conduct. The Council found no evidence to support Ms X’s allegations.
7. With regard to Ms X’s recent reports of ASB and noise nuisance, the Council assigned an officer to assess the allegations. However, as Ms X has limited the ability of the officer to investigate her concerns, the Council has advised her that it cannot take the matter forward at this time and that it will take no further action. However, it has told Ms X that if she changes her mind and wants to allow the Council to undertake an assessment, she can contact the officer directly. It also advised her that she can take her own action for nuisance under section 82 of the Environmental Protection Act 1990.
8. We will not go back to investigate past matters the subject of earlier complaints to the Council and Ombudsman. No evidence has been provided to support the allegations Ms X has made against Council staff. The Council has offered to carry out an assessment into Ms X’s recent reports of ASB and noise nuisance and it is open to Ms X to co-operate so that a proper assessment can be completed. I have seen no evidence to suggest there has been fault by the Council in its handling of matters and we will not pursue the complaint.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman