Summary: We will not investigate this complaint about the Council’s handling of Mr X’s reports of anti-social behaviour by his neighbour. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. The complainant, who I refer to as Mr X, says the Council has not addressed the anti-social behaviour (ASB) directed towards him by a neighbour. He wants the Council to take enforcement action against the neighbour.

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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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

3. 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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council, including its response to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about the ASB of a neighbour directed towards him, including its impact on the collection of his waste bin.
7. The Council resolved the issue with Mr X’s bin collection and considered his request to activate the Community Trigger. Having reviewed the incidents reported by Mr X, the decision was taken that his request did not meet the required threshold for an ASB case review. It was noted that his reports of ASB had been investigated and dealt with. It further noted that, given the court action taken against him for a breach of a restraining order and a community protection notice, matters admitted by Mr X, it did not view him as the victim in this case.
8. While Mr X may be disappointed with the Council’s response to the concerns he reported, it is not our role to act as a point of appeal. We cannot question decisions taken by councils If they have followed the right steps and considered the relevant evidence and information.
9. I have seen no evidence to suggest fault affected the Council’s decisions in this case and there are insufficient grounds to warrant an investigation of the complaint by the Ombudsman.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman