Summary: We will not investigate this complaint about how the Council investigated reports of anti-social behaviour. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complained about how the Council dealt with anti-social behaviour against his son, Y, who he said was the victim of regular attacks. He said the Council had shared information with the Police about the attacks, despite him asking it not to. Mr X wants the Council to take action against the people attacking Y.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
3. 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. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

6. In the Council’s complaint response, it confirmed it had told Mr X that an anti-social behaviour investigation would include liaising the Police. The Council has acted in accordance with its policy and made Mr X aware of this. There is not enough evidence of fault in the Council’s actions to justify investigating.
7. Mr X is also unhappy about the lack of action the Council has taken to stop the anti-social behaviour. As part of its investigation the Council spoke to Y and witnesses. It said it took legal advice about further action, but there was not enough evidence for the Council to pursue civil action in court. Although Mr X is unhappy with that decision, there is not enough evidence of fault in how it was made to justify investigating.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman