Summary: We will not investigate this complaint about the Council’s handling of Mr X’s reports of nuisance and anti-social behaviour from a business which operates close to his home. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains the Council has failed to follow the law in deciding not to take enforcement action against nuisance and anti-social behaviour (ASB) from a business which operates close to his home. He says it has disregarded his concerns and distress.

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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 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, including its response to the complaint and its response to Mr X’s request for a ASB Case Review.
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 disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
7. The Council has investigated Mr X’s concerns about the operation of the business and its impact on him. However, having considered matters from an environmental health, planning and ASB aspect, it has decided it currently has no grounds on which to base enforcement action against the business. This is disappointing for Mr X but we cannot review the merits of the Council’s decisions and there is no evidence to suggest fault affected them.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman