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

1. Miss X complained the Council had not dealt with her reports of anti-social behaviour (ASB) properly. She said other residents had made false reports about her own behaviour. She said she has been caused distress. She wants the Council to stop people trespassing on her property and to take action against the other residents.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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)
5. 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))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate Miss X’s complaint about how the Council has responded to her reports of ASB. The Council’s case records demonstrate it has acted on her reports, by speaking to her and the alleged perpetrators. Its records show that both parties gave differing versions of events, therefore it could not substantiate Ms X’s allegations of ASB. The Council update Miss X with its findings. The Council also liaised with the Police and reviewed video footage which Miss X believed demonstrate people trespassing on her property. The Council confirmed the people were not causing ASB and were walking past her door.
9. We will not investigate Miss X’s complaint. The Council has explained why it is not taking action. There is not enough evidence of fault to justify our involvement.
10. Miss X wants the Council to take tenancy enforcement against her neighbours. That is not an outcome we can achieve, nor can we investigate the action of the Council when it is acting as a social landlord.

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Final decision

11. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman