Summary: We have upheld Mr X’s complaint about the Council’s response to reports of anti-social behaviour. The Council have agreed to a suitable remedy.

The complaint

1. Mr X complains the Council did not take suitable action against his neighbour’s anti-social behaviour (ASB).

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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 about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X made several reports to the Council about ASB from his neighbour. Mr X complains the Council did not take suitable action following his reports.
8. We do not have the power to investigate the Council’s actions as a social landlord, however, we can consider the Council’s actions in responding to the ASB.
9. Councils have a general duty to tackle ASB. The Anti-social Behaviour, Crime and Policing Act 2014 introduced a way to review the handling of complaints of ASB. This is the anti-social behaviour case review, which was previously known as the ‘Community Trigger’.
10. When a person asks for a review, relevant bodies (which may include the council, police and others) should decide whether it meets the local threshold. Relevant local bodies should agree their review threshold, but the ASB statutory guidance says this should be, at a maximum, that a complainant has made three reports of ASB within six months.
11. If the threshold is met, the relevant bodies should carry out the review. They should share information, consider what action has already been taken, decide whether more should be done, and then tell the complainant the outcome. If they decide to take more action, they should create an action plan.
12. Mr X had made three reports of ASB by April and requested an anti-social behaviour case review in July. The Council did not complete a review until October. This was an unreasonable delay.
13. We asked the Council to apologise to Mr X and provide a symbolic payment in recognition of the delay. The Council has agreed and will complete these actions within four weeks.

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Final decision

14. We have upheld Mr X’s complaint. The Council have agreed to a suitable remedy.

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Investigator's decision on behalf of the Ombudsman