Summary: We will not investigate Miss X’s complaint that the Council failed to investigate anti-social behaviour from her neighbours. This is because there is insufficient evidence of fault to warrant our involvement.

The complaint

1. Miss X complained the Council failed to investigate her complaints of anti-social behaviour from her neighbours.
2. Miss X said the matter caused her frustration and distress.

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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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X reported concerns of anti-social behaviour (ASB) to the Council in October 2023. In response, the Council met with Miss X and installed noise monitoring equipment. The equipment was in-situ for one month. The Council considered the recording but found no evidence of statutory nuisance.
7. Miss X continued to report concerns to the police, her landlord, and the Council. Miss X also told the Council about matters that happened in 2022 and 2023.
8. Miss X asked for an ASB case review in June 2024. The Council considered the request but decided the application did not meet its criteria for a review. It told Miss X to continue working with both the police and housing association.
9. Miss X was dissatisfied with the Council’s response and complained.
10. In its complaint response in August 2024, the Council explained actions it had taken in response to Miss X’s concerns, but said it decided the matters raised did not constitute a statutory nuisance. It said it had not responded to her concerns about matters in 2022 and some of 2023 because the issues were historical at the time of the report. It told Miss X if she continued to experience ASB that she should document the date, time and nature of the issue.

Analysis

11. We will not investigate Miss X’s complaint about how the Council considered her reports of ASB from her neighbours. The Council considered Miss X’s concerns, installed noise-monitoring equipment, and worked in conjunction with relevant parties to address the issues Miss X raised. It decided there was insufficient evidence of a statutory nuisance to enable it to act.
12. Consequently, there is insufficient evidence of fault to warrant an investigation, and we will not investigate this complaint.

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Final decision

13. We will not investigate Miss X’s complaint because there is insufficient evidence of fault for most of the complaint, and because some of the complaint is late.

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Investigator's decision on behalf of the Ombudsman