Summary: We will not investigate Mrs X’s complaint the Council failed to take appropriate action to investigate her reports of anti-social behaviour from her neighbours. This is because there is insufficient evidence of fault.

The complaint

1. Mrs X complains the Council failed to take appropriate action to investigate her reports of anti-social behaviour from her neighbour. She says the Council dismissed her concerns.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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)

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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 reported concerns to the Council about anti-social behaviour from her neighbour between 2021 and 2023. Mrs X’s neighbour was a council tenant.
8. I will not exercise discretion to consider how the Council dealt with these concerns as this is about matters that happened more than 12 months ago, and there are no good reasons for why Mrs X could not have complained about the issues earlier. I have considered the Council’s actions from March 2024 onwards.
9. The Council confirmed as Mrs X’s neighbour was a council tenant, all matters were dealt with the local housing company that manages homes on behalf of the Council. I am satisfied the local housing company was acting on behalf of the Council when investigating the anti-social behaviour concerns.
10. Evidence provided shows Mrs X reported nuisance behaviour to the local housing company in April 2024. This was in relation to an alarm noise and tree cuttings being thrown into their garden. Action taken by the local housing company included:
• Speaking with Mrs X and her husband to gather more information about the nuisance report. Asking Mrs X to use an app to record issues experienced.
• Reviewing records to understand history of concerns. Noted there were a small number of reports made about Mrs X’s neighbour. Issues related to a dispute about a boundary fence, neighbour entering their garden, neighbour arranging removal of Mrs X’s personal belongings, and fairy lights that had been put up.
• Speaking with Mrs X’s neighbour about the concerns. It was noted Mrs X’s neighbour had made counter-allegations against Mrs X.
11. Following its investigation, the local housing company confirmed that from the evidence gathered, there was no realistic prospect of any enforcement action being taken as there was insufficient evidence to substantiate the concerns reported by Mrs X. The local housing company closed the case.
12. The Council confirmed the local housing company had not escalated the matter to the Council for further investigation. The Council also confirmed it was satisfied with the actions taken by the local housing company to investigate the concerns.
13. An investigation is not justified as we are not likely to find fault. The Council was allowed to delegate the matter to the local housing company to investigate. Evidence shows the local housing company took reasonable steps to investigate the concerns before reaching its decision there was insufficient evidence to substantiate the concerns. Therefore, it cannot be said the Council had dismissed Mrs X’s concerns. As the decision was made properly, we cannot find fault with the decision itself.

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Final decision

14. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman