Summary: We will not investigate this complaint about the Council’s delay in responding to a request for an anti-social behaviour case review and its failure to explain why the request did not meet the threshold for review. The Council has apologised for delay. It has also confirmed it will explain its reasons going forward. We consider further investigation will not lead to a different outcome.

The complaint

1. Ms X complains about the Council’s delay in responding to her request for an anti-social behaviour (ASB) case review.
2. She wants:
• An apology for the delay in dealing with her review request.
• The Council to advise people why their requests do not meet the threshold for review.
• To allow people to escalate their requests for case reviews to the Police and Crime Commissioner.
• To deal with her next review correctly.

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The Ombudsman’s role and powers

3. 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

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

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My assessment

6. From the information I have seen the Council apologised to Ms X for the delay in responding to her request for an ASB case review.
7. It also apologised for failing to explain why her request did not reach the threshold for a review.
8. The Council has now explained that her request does not meet the threshold for a review because she has received a service response to her reports of ASB. Therefore, as Ms X is unhappy with the service she received, she should make a formal complaint about the service she has received.
9. The Council has also confirmed that the service has been asked to explain the reasons why requests for review do not meet the required threshold.
10. I understand Ms X wants the Council to allow people to escalate their request for ASB case reviews.
11. It is for members of Community Safety Partnerships to decide how to implement the appeal process in their area. The Council’s process states that requests for case reviews must be made by its Community Safety Team. We cannot require the Council to change this process.

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Final decision

12. We will not investigate Ms X’s complaint because the Council has:
• apologised for the delay in dealing with her request for an ASB case review
• apologised for failing to explain why her request does not meet the threshold for a review; and
• asked the service to explain why requests do not meet the threshold for review going forward.
13. Finally, we cannot require the Council to change its procedure for requesting an ASB case review.
14. In view of the above, we consider further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman