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

The complaint

1. Mr X complains the Council placed a large public waste bin underneath his flat window where people congregate to smoke, and removed deterrent railings nearby.

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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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained about people smoking cannabis and tobacco around the bin under his flat window. He said the smoke goes into his flat and is affecting his health, and he has to keep his window closed all year round.
6. In response to his complaint the Council said it prefers to use passive deterrence rather than physical exclusion, and so it reported the suspicious gatherings, rough sleepers and litter to the relevant departments so there would be increased targeted patrols of the area.
7. The Council took account of all the relevant information, and its decision was based on the professional judgement of its officers. This was a decision the Council is entitled to make, and I have found no fault in how it was made.
8. We will not investigate this complaint as further investigation would be unlikely to find evidence of fault by the Council, nor can we achieve the outcome Mr X wants. We have no powers to compel the Council to take the action Mr X wants in relocating the bin or putting the railings back up.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s decision making to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman