London Borough of Havering (25 008 566)
Category : Environment and regulation > Antisocial behaviour
Decision : Not upheld
Decision date : 20 Mar 2026
The Ombudsman's final decision:
Summary: There was no fault by the Council, in this complaint about anti-social behaviour. This is because the complainant had not made a substantive report about anti-social behaviour before submitting a formal complaint.
The complaint
- I will refer to the complainant as Mrs N.
- Mrs N complains about anti-social behaviour by a person with mental health needs who lives near her. She says she is concerned about the safety of her children.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), as amended)
How I considered this complaint
- I considered evidence provided by Mrs N and the Council as well as relevant law, policy and guidance.
- I also shared a draft copy of this decision with each party for their comments.
What I found
- In July 2025, Mrs N submitted a stage 1 complaint to the Council. She said it had accommodated a person with mental health needs at a property near her home, and they were engaging in anti-social behaviour which she felt was a threat to the safety of her children. Mrs N said the Council should move the person to alternative accommodation.
- The Council replied to say it would not accept a complaint from Mrs N, but had instead passed her concerns to “an appropriate service”.
- Mrs N then referred her complaint to us.
Analysis
- When someone reports anti-social behaviour to a council, the council should assess the report and consider whether it is appropriate to use any of its various powers to tackle the anti-social behaviour. If a person is dissatisfied with the council’s response, they may then make a complaint about it, and potentially bring it to the Ombudsman if they wish to continue pursuing it.
- In this case, however, Mrs N had not made a prior report of anti-social behaviour to the Council before making a stage 1 complaint. The Council therefore rejected her complaint, as there was nothing for a complaint investigation to consider at that point.
- I will add there is additional relevant information the Council has shared with us, but which I am unable to disclose for reasons of data protection. Taking these points together though, I am satisfied there was no fault by the Council here.
- It is unclear whether there have been any further developments since Mrs N submitted her complaint, but these would post-date her complaint and are therefore not something we can investigate. If Mrs N wishes the Council to intervene in the anti-social behaviour matter, she will need to make a substantive report about it first, before using the complaints process.
Decision
- I find no fault.
Investigator's decision on behalf of the Ombudsman