Summary: We will not investigate Miss X’s complaint about antisocial behaviour. There is insufficient evidence of fault to justify an investigation.

The complaint

1. Miss X complains the Council have not taken action to stop antisocial behaviour from her neighbour.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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. Miss X reported noise coming from her neighbour’s property and asked the Council to investigate. The Council investigated and determined the noise was everyday living noise, not antisocial behaviour.
7. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation has followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, even if someone disagrees with it.
8. There is not enough evidence of fault in the Council’s processes here to warrant an investigation.

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Final decision

9. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman