Summary: We will not investigate this complaint about the Council’s alleged failure to properly respond to Miss X’s complaints about anti-social behaviour taking place at her neighbour’s home. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Miss X complained the Council has failed to properly use its statutory powers to address anti-social behaviour taking place at her neighbour’s home.

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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.

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

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X has repeatedly complained to the Council regarding anti-social behaviour taking place at her neighbour’s property which has impacted on her feeling safe in her home.
6. In response to Miss X’s complaints, the Council has carried out site visits to the property, issued prevention of damages notices, obtained a warrant for entry at the neighbour’s home and assisted the neighbour in removing contaminated and unsafe items from the property. The Council has also issued an emergency prohibition order and is in the process of applying to the magistrate’s court for a warrant to carry out works at the property.
7. Miss X is unhappy with the situation and wants us to find the Council at fault. Having reviewed the evidence and the statutory guidance, I can see the Council has responded to this matter in the way we would expect. The situation has not been resolved in a timely manner due to the neighbour’s inability or unwillingness to cooperate with the notices served or to allow access to his home. I can understand this must be frustrating for Miss X, but I cannot hold the Council to account for this. The evidence shows the Council is open to liaising with Miss X to resolve this issue and this is reasonable.

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Final decision

8. We will not investigate Miss X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman