Southampton City Council (23 015 436)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 19 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his report of anti-social behaviour. This is because there is nothing further an investigation could add.
The complaint
- Mr X complains the Council:
- Did not take proper action against its tenants for their unreasonable behaviour;
- Communicated poorly during the complaints process and did not respond to all elements of his complaint; and
- Did not pay him the compensation it offered.
The Ombudsman’s role and powers
- 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:
- any injustice is not significant enough to justify our involvement; or
- we could not add to any previous investigation by the organisation; or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
- I considered information provided by the Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council about his neighbours’ unreasonable behaviour in 2022. Mr X was unhappy with the Council’s response. The Council investigated and accepted its staff had not followed the correct process and communicated poorly. It offered Mr X £300 financial compensation and took service improvement action to prevent a recurrence. There is nothing further an investigation could add.
- Mr X’s complaint about the Council’s lack of action as a landlord is out of jurisdiction.
- Mr X also complained about the Council’s different complaint response timescales in different departments. He complains the Council responds within 3 days about an anti-social behaviour complaint and within 10 days for a housing complaint. There is no evidence of significant injustice to Mr X and so I will not consider this matter further.
- The Council confirmed it has now provided the £300 compensation so there is no worthwhile outcome achievable by investigating this matter further.
Final decision
- We will not investigate Mr X’s complaint because there is nothing further an investigation could add.
Investigator's decision on behalf of the Ombudsman