Summary: We will not investigate this complaint about how the Council has dealt with reports of anti-social behaviour. We consider it is reasonable to expect the complainant to ask for a review of her case.

The complaint

1. Miss X complains about how the Council has dealt with her reports of anti-social behaviour (ASB).

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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 it would be reasonable for the person to ask for a council review or appeal.

(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. Councils have a duty to act to tackle anti-social behaviour (ASB). The Anti-Social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”) defines anti-social behaviour as:
• conduct that has caused, or is likely to cause, harassment, alarm, or distress to any person.
• conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises; or
• conduct capable of causing housing related nuisance or annoyance to any person.
6. ASB can take many different forms and councils should make informed and proportionate decisions about which of their powers is most appropriate to use in any situation.
7. The statutory guidance which accompanies the 2014 Act sets out some early and informal interventions the Council may use to address anti-social behaviour. These include verbal and written warnings, mediation, and acceptable behaviour agreements.
8. Acceptable behaviour agreements are voluntary agreements used when someone has engaged in ASB, understands, and accepts they did something wrong and wants support to change their behaviour.
9. Councils and the police also have powers to issue community protection notices to prevent anti-social behaviour which is having a negative effect on the community's quality of life, and which they decide is unreasonable.
10. The 2014 Act also provides a mechanism to review the way complaints about ASB have been investigated when someone believes a continuing problem is not resolved. This ASB case review is also known as the ‘Community Trigger’ process. When someone requests a case review, relevant bodies (which include the council, police, and other agencies) must decide whether the local threshold for a case review has been met.
11. If the threshold is met, the relevant bodies should carry out the review. They should share information, consider what action has already been taken, decide whether more should be done, and then inform the complainant of the outcome. If they decide to take further action, they should create an action plan.
12. In this case, the Council has advised Miss X it considers a case review is the appropriate way to consider her concerns. However, although she at first agreed to a case review, Miss X has since withdrawn her consent, therefore the Council cannot progress the matter.

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Final decision

13. We will not investigate Miss X’s complaint. I understand Miss X wants the Council to consider her concerns as a complaint and not carry out a case review. However, we do not start or continue an investigation if we decide it would be reasonable for her to agree to the Council conducting a case review.

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Investigator's decision on behalf of the Ombudsman