Summary: We will not investigate this complaint the Council was not involving small businesses in discussions about anti-social behaviour. Further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council failed to include small businesses in discussions about anti-social behaviour in the town centre. He wants the Council to include small businesses to help address the problem.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
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:
• there is not enough evidence of fault to justify our involvement, or
• 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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its response to Mr X’s complaint, the Council confirmed it had met with the Police and some retail premises around anti-social behaviour. It said it was not practical for the Council to meet regularly with small business, but to work with group representatives that could feedback on local issues. It suggested Mr X feedback any concerns about anti-social behaviour through the Business Improvement District (BID).
7. Although Mr X is unhappy with the Council’s response, we will not investigate. The Council has explained why it did not invite small business to the anti-social behaviour meeting and its preference for working with group representatives. It has explained Mr X can direct his concerns to the BID. There is not enough evidence of fault in how the Council has considered the matter to justify our involvement. Further investigation by the Ombudsman will not lead to a different outcome.

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Final decision

8. We will not investigate Mr X’s complaint because further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman