Summary: Mr X complained the Council has not investigated his reports of Anti-Social Behaviour. He said this has impacted his mental health. The Council was not at fault.

The complaint

1. Mr X complained the Council has not investigated his reports of Anti-Social Behaviour. He said this has impacted his mental health.

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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. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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What I have and have not investigated

4. I have investigated Mr X’s complaint about how the Council considered his ASB concerns.
5. I have not investigated any reference to the housing association. This is because the housing association is outside the Ombudsman’s jurisdiction. Any complaint about the housing association needs to be considered by the Housing Ombudsman.

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How I considered this complaint

6. I read Mr X’s complaint and spoke to him about it on the phone.
7. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
8. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background information

9. Councils have a general duty to tackle anti-social behaviour (ASB). But ASB can take many different forms; and when someone reports a problem, councils should decide which of their powers is most suitable.
10. For example, they may approach a complaint:

• as an environmental health issue, where the complaint is about noise or pollution;
• as part of their duties as a social landlord, where the alleged perpetrator is a council tenant (although we cannot investigate the council’s actions as a social landlord); and/or
• using their powers under the Anti-social Behaviour, Crime and Policing Act 2014.

11. The 2014 Act introduced six powers for agencies involved in tackling ASB. These are:

• the power to issue a community protection notice (CPN);
• the power to make a public spaces protection order (PSPO);
• the power to close premises for a set length of time;
• a civil injunction (a court order, which a council, or other agencies, can apply for);
• a criminal behaviour order (a court order made following a conviction); and
• the power for the police to disperse people from a specified area.

12. 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’.
13. 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.
14. The Housing Ombudsman deals with complaints about housing associations. The Council agreement with the housing association is if both the complainant and the perpetrator of the ASB are housing association tenants, the housing association will consider the complaint.

What happened

15. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
16. Mr X has reported ASB for several years. The Council has previously completed two case reviews of the matter. The reports related to noise, threats and physical altercations. Mr X said he has reported the matter to the Council, police and housing association.
17. Mr X reported the matter to the Council in August 2024. The Council asked Mr X to provide more information.
18. The Council spoke to Mr X twice in September 2024. Mr X confirmed the issues and said the police would not take action on the matter.
19. The Council spoke to the housing association in October 2024. The Council confirmed it was satisfied the housing association was dealing with the ASB concerns. The Council told Mr X, as both the alleged offender and he were tenants, the housing association would deal with the matter.
20. Mr X complained in November 2024. He complained the information from the housing association was wrong and wanted the Council to investigate.
21. The Council responded to the complaint in December 2024. The response confirmed the Council considered the information, spoke to Mr X and confirmed it responded. The Council confirmed it ensured the housing association was consider the concerns.
22. Mr X asked the Council to escalate his complaint two days later. He said the Council was aware he had complained to the housing association before approaching the Council.
23. The Council sent its final complaint response in January 2025. The Council said the housing association was managing the case and the Council had ensured it was. The response confirmed the housing association would manage a situation if both people were tenants.
24. Mr X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mr X would like the Council to investigate the concerns and make a financial payment.
25. In response to my enquiries the Council stated it considered the concerns. The Council evidenced it spoke to Mr X and the housing association. The Council confirmed it was satisfied the housing association was dealing with the matter.

My findings

26. The Ombudsman’s role is to review how councils have made decisions. We may criticise a council if, for example, it has not followed an appropriate procedure, not considered relevant information, or failed to properly explain why it has made a decision. We call this ‘fault’, and where we find it, we can consider how it has affected the outcome and ask the council to address this.
27. However, we do not provide a right of appeal against council decisions, and we cannot make operational or policy decisions on councils’ behalf. If we do not find fault in how a council has made a decision, then we cannot criticise it, no matter how strongly a complainant feels it is the wrong decision. We do not uphold complaints simply because someone disagrees with what a council has done.
28. The Council agreement with the housing association is; if both people involved are housing association tenants, the housing association would deal with ASB concerns.
29. The Council considered Mr X’s concerns when he reported them. It confirmed, as Mr X and the alleged perpetrator are housing association tenants, the housing association must deal with the concerns. The Council considered the matter and satisfied itself the housing association was managing the situation. The Council was not at fault.
30. As set out in paragraph 14, the Housing Ombudsman deals with complaints about housing associations. If Mr X wishes to escalate his complaint about the housing associations handling of his ASB concern, he is able to approach the Housing Ombudsman.

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Final decision

31. I have completed my investigation. The Council was not at fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman