Summary: We will not investigate Mr X’s complaint about the Council’s response in relation to reported anti-social behaviour. This is because further investigation would not lead to a different outcome and it is reasonable for Mr X to appeal against the outcome of the case review.

The complaint

1. Mr X says the Council failed to provide, advice, support or take appropriate action to assist his family in relation to anti-social behaviour.

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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:

• further investigation would not lead to a different outcome, or
• it would be reasonable for the person to ask for a council review or appeal.

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

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My assessment

6. Mr X reported incidents of anti-social behaviour (ASB) to the Council and was unhappy about the delays and the actions taken in response.
7. Where a victim of ASB is unhappy with how their case has been handled, they can ask for a case review, which is a multi-agency process. The Council delayed in arranging this review and acknowledged there were failings in communication and risk assessment. It apologised and offered Mr X a remedy payment of £150 for the inconvenience and the avoidable time and trouble in pursuing his complaint.
8. I will not investigate the Council’s delays in dealing with Mr X’s reports of ASB or his request for a case review. This is because the Council has apologised and made a payment in line with our guidance. Therefore, investigation would not lead to a different outcome.
9. If Mr X remains dissatisfied with the outcome of the case review, it would be reasonable for him to contact the Council to request an appeal under the case review process.

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Final decision

10. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome and it is reasonable for him to appeal the outcome of the case review.

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Investigator's decision on behalf of the Ombudsman