Summary: We will not investigate Miss X’s complaint about the Council’s failure to take action after she reported anti-social behaviour. There is insufficient evidence of fault by the Council in the way it considered her report.

The complaint

1. Miss X complained the Council did not act on anti-social behaviour (ASB) she reported. She disagrees with its decision that the incidents she reported do not amount to ASB. She said she feels scared in her home and the behaviour has impacted her health.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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, or
• it would be reasonable for the person to ask for a council review or appeal.

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

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My assessment

6. Miss X complained to the Council about anti-social behaviour (ASB) coming from a local business between September 2023 and August 2024.
7. The Council investigated Miss X’s concerns and it decided the incidents did not amount to ASB. The Council also explained to Miss X the business has agreed to explore solutions to prevent any future incidents.
8. Miss X raised more concerns after the Council told her its decision. Because of this, the Council told her that it would carry out an independent case review into how her ASB concerns were handled. It said Miss X would be invited to take part in the process if she wished to do so.
9. We will not investigate this complaint as there is insufficient evidence of fault in how the Council considered Miss X’s reports of ASB. From what I have seen, the Council considered the relevant information and provided an explanation for its decision. While Ms X may be disappointed with the Council’s decision, the Ombudsman cannot question or criticise the outcome of a council’s decision provided the council has acted without fault in making this decision.
10. Additionally, the Council has offered Miss X an independent case review. This review will enable Miss X to raise any concerns she has about how the Council considered her reports of ASB. Therefore, investigation by us into the same matter would not be a good use of resources.

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Final decision

11. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council in the way it considered her complaint.

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Investigator's decision on behalf of the Ombudsman