Summary: We will not investigate this complaint about how the Council has dealt with reports of antisocial behaviour in a park close to the complainant’s home. This is because there is insufficient evidence of fault, and we cannot achieve the outcome the complainant seeks.

The complaint

1. The complainant, who I will call Miss X, complains about how the Council has dealt with her reports of antisocial behaviour that she says has taken place in a park next to her home. Miss X wants the Council to lock the gates to the park at night.

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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 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a @council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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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 March and April 2022, Miss X reported that children were playing football and making noise in a park close to her home during the day and night. She subsequently complained to the Council that she has been raising the issue of antisocial behaviour in the park for several years, but it had failed to take action. Miss X says she wanted the Council to ensure the gates to the park were locked in the evening.
7. I will not investigate Miss X’s complaint about how the Council has dealt with her concerns going back several years and will focus my assessment on how the Council has dealt with Miss X’s concerns in 2022. Any complaint about how the Council has dealt with matters before 2022 is made late and I see no good reason why a complaint could not have been made sooner. Miss X did raise a complaint about similar matters in 2016 so I am satisfied she was aware of our service.
8. When considering complaints about antisocial behaviour, it is not for the Ombudsman to express a view on whether the alleged behaviour has occurred, or whether it has reached the level at which it is appropriate to take formal action. These are matters for the council. Rather, it is to consider whether there is evidence of fault in the way the council considered the evidence and reached a decision on how to proceed. In this case, there is no such evidence.
9. In responding to Miss X’s complaint, the Council considered her reports from March and April 2022 and contacted the police to check if any reports had been made to them. It concluded that the information Miss X had provided was insufficient to justify enforcement action. It advised Miss X exactly what information she would need to provide for action to be considered in the future.
10. I will not investigate Miss X’s complaint. While she may be disappointed with this decision, 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.
11. The Council considered Miss X’s reports and other relevant information but decided not to take any further action. This is a decision the Council is entitled to take and there is no evidence to suggest fault affected it.
12. Miss X says she wants the gate locked by this is not an outcome we can realistically achieve because there is no justification for us to make such a recommendation.

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Final decision

13. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman