Summary: We will not investigate this complaint about how the Council responded to reports of anti-social behaviour. Further investigation would not lead to a different outcome.

The complaint

1. Miss X complained the Council failed to address concerns she had raised about her neighbour’s anti-social behaviour. She said her neighbour had installed recording equipment around the outside of their home, which was also recording her property. She said that was an invasion of her privacy which made her feel unsafe and threatened. She said her neighbour had constantly blocked access to her driveway.
2. She wants the Council to instruct her neighbours to remove their external recording devices and address her parking concerns.

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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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In the Council’s response to Miss X’s complaint, it said its Community Safety team had become involved in the dispute between Miss X and her neighbour following a referral from the Police. It understood the dispute related to parking and the use of recording equipment.
7. The Council said it tried to help resolve the dispute through informal mediation. It then offered formal mediation, however, later rescinded on that offer. It said that was because it considered the matter a neighbour dispute, and not anti-social behaviour. It said the offer of formal mediation was an error on its part. It apologised for confusion that caused Miss X. It said as the matter was not considered anti-social behaviour, it could not use these statutory powers to address her concerns. The Council directed Miss X to the Information Commissioner’s Office if she was unhappy about her neighbour’s use of the recording equipment. It also provided advice about parking outside her property.
8. Although Miss X is unhappy with the Council’s response, we will not investigate this complaint. The Council considered the concerns between Miss X and her neighbour; it has explained that it does not consider the matter to be one of anti-social behaviour but a civil matter. It has directed Miss X to the ICO to address her concerns about the CCTV. Further investigation by the Ombudsman will not lead to a different outcome.

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Final decision

9. We will not investigate Miss X’s complaint because further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman