Birmingham City Council (25 000 572)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 15 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with reports of anti-social behaviour. There is not enough evidence of fault to justify our involvement.
The complaint
- Ms X complained the Council had not taken action against her neighbours after she experienced ten years of harassment from them. She said that had impacted her mental health. She wants the Council to take legal action against her neighbours.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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)
- 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)
- 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 investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In its complaint response the Council said Ms X contacted it at the start of 2025 to report her neighbour was dealing drugs. It said it visited her that month to discuss her concerns. In that meeting it explained it could not consider historical matters. The Council confirmed it contacted the Police and completed a visit to the neighbour about the concerns. It said the Police had no reports of drug dealing.
- Following this, the Council said Ms X had told it the situation had improved; given that and the lack of evidence to substantiate the concerns, the Council closed the case. It asked her to contact the Police with any further reports of drug dealing.
- Shortly after, Ms X reported her other neighbour for anti-social behaviour (ASB). This related to parking issues and a dropped kerb. At the time of the Council’s complaint response, it confirmed this matter was still under investigation, however, it said it would most likely recommend mediation.
- Although Ms X is unhappy with the Council’s actions we will not investigate. Firstly, part of her complaint is that the Council had ignored her concerns about her neighbours for a decade. Ms X complained to the Ombudsman in April 2025; therefore, we would only consider the Council’s actions from April 2024. Anything that took place before then is late. It was reasonable for Ms X to complain to us sooner if she had concerns about how the Council had responded to historical matters.
- Following her recent reports of ASB, the Council visited her, sought information from the Police and contacted the alleged perpetrators. Based on the evidence gathered, it decided to take no further action. There is not enough evidence of fault in how it conducted its investigation to justify our involvement. If she is unhappy with the outcome of the Council’s investigation into the dropped kerb, she would need to make a new complaint to the Council.
- Additionally, in Ms X’s complaint to the Council, she asked it to remove the tenants who live in the properties next to her. We have no jurisdiction to investigate complaints about the Council’s actions as a social landlord, so we cannot consider any action the Council has taken against her neighbours in relation to their tenancy.
- If Ms X had any further reports of anti-social behaviour, she needs to report these to either the Police or the Council.
Final decision
- We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify involvement.
Investigator's decision on behalf of the Ombudsman