Summary: We will not investigate this complaint about a failure to fully investigate reports of anti-social behaviour. There is not enough evidence of fault in the Council’s actions to justify an investigation. Nor do we consider that an investigation will lead to a different outcome.

The complaint

1. The complainant, I shall call Mr X, says the Council has failed to fully investigate his reports of anti-social behaviour (ASB).
2. He wants the Council to discuss his concerns with the parents of the children involved. And erect a barrier to prevent what he describes as disrespectful and unsafe play.

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The Ombudsman’s role and powers

3. 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. (Local Government Act 1974, section 24A(6))
4. 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

5. I considered the information provided by Mr X 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 children playing on the open space opposite his home. He says up to twenty children play football with no respect for property. He says the footballs frequently hit his house wall and the children do not ask permission before retrieving it from the front of his property. He also says they have pulled up newly planted trees. Mr X says the Council has done nothing to resolve his concerns.
8. The Council confirms it wrote to the properties near the open space and from the responses determined the average score for problems was three out of ten.
9. It says Officers contacted its Road Safety Team, Neighbourhood Service, Environmental Health team, Legal and Democratic services team, and Humberside Police. No ASB themes were established, and no offenders identified.
10. Mr X says he has not reported the issue to the police, and he wants the council to resolve the matter.
11. The Council’s Road Safety team have reviewed Mr X’s video footage. However, it does not have the resources to monitor parks and open spaces. Nor do officers visit homes following individual reports.
12. New trees were planted as part of separate issues. An Officer will visit the site to look at more planting to discourage the use of trees as goal posts. They will contact Mr X to discuss this.
13. From the information I have seen the Council has consulted with colleagues and the police and acknowledges some new trees have been pulled up. However, it has concluded there is no specific ASB that needs addressing.

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Final decision

14. We will not investigate Mr X’s complaint because, from the information we have seen, further investigation is unlikely to find fault. The Council has considered his reports of ASB. It has liaised with relevant colleagues and authorities and encouraged Mr X to report issues to the Police.

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Investigator's decision on behalf of the Ombudsman