Summary: We will not investigate this complaint about the Council’s response to the complainant’s report of anti-social behaviour. There is not enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mr X complains the Council failed to investigate his complaint that a neighbour threw a rock and brick at his home.
2. He wants a full investigation of his neighbours.

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The Ombudsman’s role and powers

3. 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

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. It is not our role to act as a point of appeal against decisions made by councils with which complainants do not agree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
7. Mr X reported a brick and/or rock thrown towards his home, he was concerned this could potentially have caused damage or injury. He suggested a neighbour has done this. The Council visited Mr X and advised there is not enough evidence that the neighbour threw the rock. The officer who visited told Mr X he would visit the neighbour along with a representative of the landlord to discuss the matter.
8. Mr X complained the Council failed to take any action on his report and failed to visit with the landlord as advised.
9. The Council says having reviewed the information the officer decided a joint visit to the neighbour was not a proportionate response to Mr X’s report. It apologised for failing to advise Mr X.
10. Mr X has also reported the neighbour for noise nuisance. The Council has written to the neighbour offering mediation. The neighbour has advised they are not intentionally making a noise. They advised they were intending to move, however, if this did not happen they would agree to mediation with Mr X. The Council has advised Mr X that it does not consider his reports of the neighbour stamping for very short periods of time to evidence a statutory noise nuisance.
11. I understand Mr X is disappointed with the outcome of his complaint to the Council but there is no evidence to suggest there has been fault in its handling of matters which warrants an investigation by the Ombudsman.
12. The Council has communicated with Mr X in some detail about his concerns relating to an incident. It has explained its reasons for not taking action against the neighbour whom Mr X alleged threw the rock.

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Final decision

13. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman