Summary: We will not investigate Mrs X’s complaint about antisocial behaviour. There is insufficient evidence of fault by the Council to justify investigating.

The complaint

1. Mrs X complains the Council did not properly investigate or take action following reports of antisocial behaviour. Mrs X also complains of poor communication and complaint handling.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 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

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 reported several issues with her neighbour to the Council. These include debris from her neighbour’s tree falling into her garden, her neighbours fence panel falling into her garden, and her neighbour entering her garden to fix the fence. Mrs X says she feels harassed by her neighbour.
7. Mrs X complained to us in August 2025. We normally expect people to complain to us within twelve months of them becoming aware of a problem. We will therefore consider the Council’s actions from August 2024.
8. The Council investigated Mrs X’s reports and determined the neighbour’s actions did not meet the threshold for antisocial behaviour. The Council advised Mrs X the tree, fence and trespass issues were private civil matters. This is the correct advice. I have seen insufficient evidence of fault in the Council’s consideration of Mrs X’s reports of antisocial behaviour.
9. We will also not investigate Mrs X’s complaint about poor communication and complaint management. It is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

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Final decision

10. We will not investigate Mrs X’s complaint. There is insufficient evidence of fault by the Council to justify investigating.

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Investigator's decision on behalf of the Ombudsman