Summary: We will not investigate this complaint about how the Council responded to reports of anti-social behaviour. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mrs X complained about how the Council responded to her reports of anti-social behaviour (ASB). She said the Council:
• failed to consider the impact the ASB was having upon her,
• incorrectly recommended mediation to resolve the ASB,
• used incorrect information when considering the ASB,
• was unclear in its instructions around gathering evidence to support the allegations of ASB, and
• failed to use its full range of powers in its response to the ASB.
2. Mrs X also said the Council’s communication with her was poor. She said the Council’s actions had adversely impacted her mental health and wellbeing. She wants the Council to make prompt decisions on ASB, use all the tools available when responding to ASB and improve staff training.

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The Ombudsman’s role and powers

3. 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)
4. 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, and
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X has experienced ASB from her neighbour for several years. She contacted the Council about the ASB in July 2023. The Council started an investigation.
8. In its complaint response the Council confirmed it made several visits to Mrs X’s neighbour and issued a warning letter. It explained it did not escalate that warning letter to formal action as it did not have the evidence available to support this. The Council said it had sought advice from its solicitors and ASB Help around taking formal action. It said as allegations were raised by both parties, it felt that mediation was an appropriate recommendation, given the evidence did not support its use of other tools and powers.
9. Although Mrs X is unhappy with that decision, we will not investigate. The Council investigated, considered the available evidence and sought legal advice. It has set out why it did not escalate to formal action and why it considerred mediation appropriate. There is not enough evidence of fault in how it took those decisions, therefore I cannot question whether the decisions were right or wrong.
10. Mrs X asked the Council for an ASB case review on three separate occasions. Mrs X asked for a Senior Manager to review two of these reviews. In the Council’s complaint response, it said there was miscommunication about one review request. It said it did not process that as a review but instead sought to respond to questions Mrs X had asked. It apologised for that oversight. That apology remedies any injustice caused.
11. In the Council’s review of the other ASB case review, the Senior Manager considered Mrs X’s concerns but was satisfied the ASB review completed was appropriate. It accepted some language used in the review might have caused confusion and apologised for this. There is not enough evidence of fault in how the Council completed that review, therefore we will not investigate this further.
12. The Council did accept there was a delay in it holding the ASB case review and that it did not contact Mrs X before holding the meeting. It apologised for this and said it would take on board learning. This is an appropriate remedy for the injustice caused. Further investigation would not lead to a different outcome.

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Final decision

13. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman