Summary: Mr X complained about how the Council handled his anti-social behaviour (ASB) case review appeal. Mr X said the Council did not follow a proper process or consider all the points he raised. We do not find the Council at fault.

The complaint

1. Mr X complains about how the Council handled his ASB case review appeal. Mr X says the Council failed to follow a proper process or consider the points he raised which has left him and his family open to danger.

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What I have and have not investigated

2. I have investigated the complaint set out above.
3. Mr X has also raised a complaint about how his District Council dealt with his ASB complaint through the ASB case review procedure. That is a separate complaint. This complaint is specifically about how the Council handled Mr X’s ASB case review appeal.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
6. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

7. I spoke to Mr X about his complaint and considered information he provided. I also considered information received from the Council.
8. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Antisocial behaviour and the Community Trigger

9. Councils have a duty to take action to tackle ASB, as defined in The Antisocial Behaviour, Crime and Policing Act 2014 (the Act).
10. The Act gave councils, police, and other bodies new powers to tackle ASB and is accompanied by statutory guidance which sets out some early and informal interventions which may be used.
11. The Act also provides a mechanism to review the way complaints about ASB have been investigated when someone believes an ongoing problem has not been addressed. This is known as the ‘Community Trigger’ process. When someone asks for an ASB case review, relevant bodies (which include the council, police and other agencies) must decide whether the local threshold for a case review has been met.
12. If the threshold is met, the relevant bodies should carry out the ASB case review. They should share information, consider what action has already been taken, decide if more should be done, and inform the complainant of the outcome. If they decide to take further action, they should create an action plan.
13. We can only consider councils’ actions in and following an ASB case review. Any contributions by other relevant bodies, such as the police, are not in our jurisdiction.
14. The Act also says the ASB case review procedure must make provision for dealing with cases where an applicant is unhappy with the way their ASB case review was handled. If someone is unhappy with the response on their ASB case review, they have the right to appeal within 21 days.

The Council’s ASB case review appeal process

15. The Council is a two-tier local authority and works closely with the District and Borough Councils across the County. The District and Borough Councils are responsible for leading the ASB case reviews. The Council’s role is to consider ASB case review appeals.
16. The Council’s website says it will accept appeals to the outcome of ASB case reviews that are received within 21 days of the outcome letter.
17. The Council’s process says it will acknowledge appeals and confirm if the 21-day threshold has been met. It will then notify the ASB case review panel and set a date for the appeal panel to meet, usually within 10 working days.
18. The appeals panel will consider whether due process was followed during the ASB case review and whether all relevant information was taken into account. It will then notify the complainant of its decision in writing.

What happened

19. Mr X raised an ASB complaint with his District Council which was considered and went through the ASB case review procedure. Mr X’s District Council wrote to him in October 2022 with the outcome of his ASB case review and five actions the panel agreed on going forward.
20. Unhappy with the outcome of the ASB case review, Mr X appealed to the Council later that month. Mr X said he had received a summary of findings, but they did not address three key points he had raised as part of his complaint.
21. The Council acknowledged Mr X’s appeal and told him it had met the threshold to be considered. It explained an ASB case review appeal panel would meet to review the information and discuss his case. The Council explained the role of the panel would be to ensure the nominated relevant bodies involved in his case had carried out the ASB case review properly and effectively. The Council said it would notify Mr X of the outcome in writing.
22. The Council then contacted the panel members and police who were involved in Mr X’s ASB case review to ask for the relevant documentation and decision-making information. It also notified the ASB case review panel of the date of the appeal panel and invited them to join.
23. The appeal panel met to consider Mr X’s appeal in November 2022, at which time it was presented with the relevant information relating to Mr X’s ASB case review.
24. The Council then wrote to Mr X with the outcome of the meeting. It explained the panel had reviewed all the available information and agreed relevant agencies had taken appropriate action to resolve the ASB. It said the five actions previously identified were appropriate. The Council said the District Council and the police would continue to support Mr X.
25. Mr X responded to say the Council had agreed his appeal met the threshold for review, which implied there were failings in the original review, but it now seemed to be going back on this. Mr X asked why his original three points had not been answered and said he felt the appeal had not been properly considered.
26. The Council responded to Mr X to explain his appeal met the threshold as it was received within 21 days of the ASB case review outcome letter. It said the purpose of the ASB case review appeal panel is to consider due process and ensure the District Council and others had properly and effectively undertaken a review. The appeal panel reviewed all of the available information and agreed the relevant agencies had taken appropriate action to resolve the ASB and the previous actions were appropriate.
27. Mr X brought a complaint to the Ombudsman in November 2022, and we asked the Council to respond to it before we investigated.
28. In January 2023, the Council wrote to Mr X with its view of his complaint. The Council said the ASB case review appeals panel process is in place to assess whether the ASB case review failed to consider a relevant process, policy or protocol, or failed to consider relevant factual information.
29. The Council explained it conducted the appeal in line with its usual process and the panel considered all the available information before making a decision. The Council invited Mr X to provide any evidence he had to suggest it had not followed the correct protocol.

Analysis

30. The Ombudsman is not an appeal body. Our role is not to reconsider Mr X’s ASB case review appeal and make our own conclusions on this. Rather, we consider whether the Council followed the right process when deciding Mr X’s appeal.
31. If we consider the Council followed processes correctly, we cannot question whether its decision was right or wrong, regardless of whether Mr X disagrees with it.
32. Mr X appealed to the Council within 21 days of receiving the decision letter for his ASB case review. On this basis, the Council decided Mr X’s appeal met the threshold to be considered. I appreciate Mr X feels the acceptance his appeal met the threshold means there was fault in the initial decision, but this is not the case. The Council had made no decision on the merits of Mr X’s appeal at that point, just on whether it was made in time.
33. I do not find the Council at fault for how it decided to accept Mr X’s appeal.
34. The Council then notified the panel who carried out the initial ASB case review and requested the information it needed to consider the appeal. When the review panel met, it was presented with the relevant information surrounding Mr X’s ASB case review and his appeal. The Council appears to have correctly followed its usual process and I do not find it at fault here.
35. The panel considered the available evidence, including Mr X’s comments, and concluded appropriate action had been taken. It wrote to Mr X to confirm this and give its reasons. I do not find fault with the Council’s actions or decision-making process as this seems to be in line with its usual process.
36. Mr X has said the Council failed to answer three key points he presented to the District Council when he made his ASB case review request. I appreciate this is frustrating for Mr X, but it is not the Council’s role to answer every point he has raised. Its role is to consider whether the District Council followed the right process surrounding Mr X’s ASB case review and it appears to have done this. I do not find the Council at fault.

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Final decision

37. I do not find fault with the way the Council considered Mr X’s ASB case review appeal and I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman