Summary: We will not investigate this complaint about the Council’s response to reports of antisocial behaviour. This is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Mrs X says the Council has failed over four years to deal with ongoing anti-social behaviour. She says this has had severe consequences for her health and family life. She would like an investigation and a community protection notice served on the perpetrator.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Councils have a general duty to tackle anti-social behaviour (ASB). But ASB can take many different forms; and when someone reports a problem, councils should decide which of their powers is most suitable using their powers under the Anti-social Behaviour, Crime and Policing Act 2014.

7. Mrs X describes suffering severe stress over four years due to the actions of a neighbour. Her complaint paperwork shows the police warned the person in question in 2023, and then Mrs X reported an incident to the Council last year.
8. In response to Mrs X’s concerns, the Council apologised for not responding within 24 hours to her report last year. It said action had been taken and the case would be monitored if further incidents occurred. It also said the history of the case would be considered in context if the situation escalated.
9. We will not investigate this complaint. The Council took suitable steps to investigate and address the concerns Mrs X raised last year. There is not enough evidence of fault to justify the Ombudsman’s involvement.
10. Further, we will not consider historic events occurring before 2024 as they are caught by the time bar on the Ombudsman’s jurisdiction. It would have been reasonable for Mrs X to complain to us within 12 months of becoming aware of the matters she is raising now. There are no good reasons for us to consider now.

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Final decision

11. We will not investigate Mrs 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