Summary: We will not investigate this complaint about anti-social behaviour from a tenant of the Council. This is because we are unlikely to add to the investigation carried out by the Council or achieve the outcome requested.

The complaint

1. Mrs X says the Council did not assist her when her neighbours were harassing her. She says her car and fence were damaged.
2. Mrs X would like the Council to pay her compensation for the damage to her property and the distress caused to her.

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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:

• we could not add to any previous investigation by the organisation.
• we cannot achieve the outcome someone wants.

(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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X is a homeowner complaining about harassment by a neighbour who is a Council tenant.
7. The Council has responded to Mrs X’s complaints.

8. The Council wrote that its anti-social behaviour team has been investigating Mrs X’s reports. It confirmed the actions it has taken. It said the neighbour had been given a written warning. It said the damage to the car had been reported to the Police. But there was no evidence to link the damage to the neighbour. It also reported that it had visited the neighbour and told them to replace the missing fence post.
9. A recent Council complaint response said it was monitoring the situation between her and Mrs X’s neighbour. It reported that it had spoken to its tenant about removing a shared boundary fence and painting Mrs X’s fence. And that it told their tenant to remove the slate encroaching on to Mrs X’s property.
10. The Council advises Mrs X of options available to her if Mrs X considers a neighbour had trespassed on to her property and caused criminal damage. Mrs X can report it to the Police and take her own civil action in the courts.
11. We will not investigate. This is because further investigation is unlikely to add to the Council’s investigation. The Council’s actions appear appropriate in the circumstances by monitoring the situation, arranging a home visit, issuing a warning and advising Mrs X of other options.
12. I note the Council has advised Mrs X she can take her own action in court. This is the normal route for people to access justice when they are claiming damage to their property. It is reasonable to expect Mrs X to resort to her legal remedy to protect her private property interests. The courts have expertise in calculating compensation (once liability is established). As we cannot achieve Mrs X’s desired outcome of recommending compensation for property damage, this is another reason we will not investigate.

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Final decision

13. We will not investigate Mrs X’s complaint because we are unlikely to add to the investigation carried out by the Council or achieve the outcome requested.

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Investigator's decision on behalf of the Ombudsman