Summary: We have upheld Ms X’s complaint into the Council’s handling of anti-social behaviour behind her property. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Ms X complains about the Council’s handling of anti-social behaviour behind her property. She says the Council has not taken this issue seriously.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A (1), as amended)

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How I considered this complaint

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

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My assessment

5. If we investigated this complaint, it is likely that we would find the Council at fault. We found that Ms X complained about anti-social behaviour from those who use the equipment behind her property. She also complained about verbal abuse, excessive noise and property damage. The Council has been unable to evidence that it properly considered these issues.
6. We therefore invited the Council to consider remedying the injustice this caused by apologising to Ms X. It should also begin its investigation into the reported anti-social behaviour and noise nuisance within two weeks of this final decision. Once this investigation is complete, it should also write to Ms X to confirm its outcome and decision.

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Agreed Action

7. To its credit, the Council agreed to resolve the complaint.

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Final decision

8. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman