Summary: We will not investigate this complaint about the Council’s failure to take sufficient action over complaints about anti-social behaviour. This because there is insufficient evidence of fault by the Council.

The complaint

1. Ms X complained about the Council’s failure to take action over her claims of anti-social behaviour from a neighbour for several months.

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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))

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How I considered this complaint

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

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My assessment

5. Ms X made several reports to the Council’s Noise Enforcement Team and on the Council’s Antisocial Behaviour app about noise from a neighbour. The Council took enforcement action and the neighbour was served a Tenancy Caution and Noise Abatement Notice.
6. The neighbour ignored these and the Council served a Notice of Seeking Possession and explained the seriousness of the situation to them. In the complaint response to Ms X, the Council said if the reports of antisocial behaviour continue, it would escalate to the Legal Team to pursue an injunction.
7. Although it has taken time the Council has investigated Ms X’s concerns and acted appropriately. There is no evidence of undue delay as explained in the Council’s complaint response.

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Final decision

8. We will not investigate Ms 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