Summary: We will not investigate this complaint about the Council’s handling of Ms X’s report of anti-social behaviour by a person who is a neighbour of family members. This is because there is no evidence to suggest fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains the Council has not responded appropriately to anti-social behaviour (ASB) from a neighbour of family members who knocked on her door and shouted at her.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement. (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 the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X’s family has been in dispute with a neighbour for a number of years. Ms X does not live with the family members affected.
7. Ms X made her own complaint to the Council about its handling of matters relating to the neighbour, including which the actions of the neighbour in coming to her property and knocking on her door shouting at her.
8. The Council responded to Ms X’s complaint on this matter by explaining it had seen the video of the incident but that it did not consider further action was warranted. This is a decision the Council is entitled to make and its merits are not open to review by the Ombudsman.
9. Ms X has confirmed the complaint is her own and not that of her family members. As this is the case, we cannot look at wider issues involving Ms X’s family and instead have looked at Ms X’s complaint and whether there has been fault by the Council which has caused her injustice which warrants investigation.
10. We do not investigate every complaint we receive. This complaint is Ms X’s and not that of family members and with regard to the incident Ms X reported as affecting her personally, there is no evidence to suggest fault by the Council sufficient to warrant an investigation.
11. I note the Council’s apology to her with regard to its handling of her Stage 1 complaint but we will not investigate complaint handling when we are not investigating the substantive issue.

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Final decision

12. We will not investigate Ms X’s complaint because there is no evidence to suggest fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman