Summary: We will not investigate this complaint about the Council’s actions following a Community Trigger meeting. The Council has apologised for delays. We do not consider further investigation will lead to a different outcome.

The complaint

1. Mr and Mrs X complain the Council failed to taken action according to the outcome of a Community Trigger meeting. They also complain the Council failed to respond to their complaint according to its complaint procedure.

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The Ombudsman’s role and powers

2. 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.

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

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How I considered this complaint

3. I considered information provided by Mr and Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Anti-Social Behaviour, Crime and Policing Act 2014 introduced a way to review the handling of complaints of anti-social behaviour (ASB). This is the anti-social behaviour case review, which was previously known as the ‘Community Trigger’. The government published statutory guidance for professionals, to assist authorities and agencies that exercise functions under the 2014 Act to respond to instances of ASB.
6. When a person asks for a review, relevant bodies (which may include the council, police, and others) should decide whether it meets the local threshold. Relevant local bodies should agree their review threshold, but the ASB statutory guidance says this should be, at a maximum, that a complainant has made three reports of ASB within six months.
7. If the threshold is met, the relevant bodies should carry out the review. They should share information, consider what action has already been taken, decide whether more should be done, and then tell the complainant the outcome. If they decide to take more action, they should create an action plan.
8. Asking for an ASB case review is not the same as making a formal complaint against a council for how it has handled reports of ASB.
9. We can only consider councils’ actions in an ASB case review. We cannot investigate or make findings about any contribution made by other relevant bodies, such as the police.

What happened

10. Following Mr and Mrs X’s request, the Council held an ASB case review meeting. The outcome of the meeting for the Council was to provide funding for a video doorbell and the housing association was to fit it.
11. Mr and Mrs X complained about the actions of the Chair of the meeting. They say no consideration was taken of the stalking, sexual harassment, and malicious communications by their neighbours. They also complained:
• the Council officer cancelled two pre-arranged meetings at short notice
• the outcomes of the meeting were not actioned on two months later
• the Council did not respond to his letters or telephone calls.
12. The Council wrote to Mr and Mrs X explaining it had bought a video doorbell and will fund a one-year subscription. It explained what a video doorbell is, how it can be used and that a cheque for the subscription will be sent to them separately.
13. Mr and Mrs X escalated their complaint. In its response the Council:
• Acknowledged the cancellations of the ASB review meetings was unfortunate. There are no specific protocols for these circumstances. However a new meeting should have been arranged sooner. Verbal and written apologies were made.
• Stated there are timescales for the completion of actions agreed at ASB case review meetings. Each partner agency must confirm and deliver the outcomes relevant to their agency.
• Stated the Council officer who chaired the meeting has no power to hold other agencies to account.
• Apologised for delays/failure to telephone Mr and Mrs X but confirmed the senior manager has met him twice and spoken to him on the telephone.
• Stated that allegations of crime raised at the meeting are matters for the police.
• Apologised for the delay in responding to the complaint.
• Apologised for the delay in delivering the video doorbell. This has been purchased and delivered to the housing association for fitting. A cheque for the annual subscription has been sent to Mr and Mrs X.
• Confirmed the senior manager has no conflict of interest and was the correct person to chair the ASB case review meeting.

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Final decision

14. We will not investigate Mr and Mrs X’s complaint because the Council has apologised for the delay in purchasing the video doorbell and responding to his complaint. We consider further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman