Summary: We will not investigate Ms X’s complaint about how the Council handled her complaints of noise and anti-social behaviour in her area. This is because there is not sufficient evidence of fault by the Council to justify investigation, and it is unlikely we could achieve the outcome Ms X wants.

The complaint

1. Ms X complained about noise and anti-social behaviour (ASB) in her area, which she said has worsened over the past year. She complained the Council has not responded to all her complaints and feels the Council should investigate further. She said the issues have a significant impact on her well-being.

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The Ombudsman’s role and powers

2. 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 investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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

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

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My assessment

6. Ms X complained about ongoing issues of noise and anti-social behaviour in her area. She said the issues have worsened over the last year. Ms X said the Council has not responded to all her complaints.
7. Ms X has made multiple complaints to the Council in recent years. This decision statement only considers events going back to May 2024, as the Ombudsman has already considered earlier complaints.
8. In its complaint response the Council explained how it has investigated Ms X’s complaints. The actions of the Council show it has considered and responded to multiple complaints, including the substantive issues. The Council has also taken a strategic approach, working with other agencies to address Ms X’s concerns. There is not sufficient evidence of fault by the Council to justify investigation.
9. The Council has decided Ms X’s complaints do not meet the threshold for statutory nuisance. It said it has taken all the actions it can and will not investigate new complaints of noise or ASB unless there is significant new information.
10. Ms X does not agree with this decision and would like the Council to investigate future complaints. However, it is a decision the Council can make, and we cannot question the outcome. We will not investigate this part of Ms X’s complaint, as it is unlikely an investigation would achieve the outcome she wants.

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Final decision

11. We will not investigate Ms X’s complaint about the Council’s handling of her complaints of noise and anti-social behaviour. There is not sufficient evidence of fault by the Council to justify investigation, and it is unlikely we could achieve the outcome Ms X wants.

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Investigator's decision on behalf of the Ombudsman