Summary: We will not investigate how the Council handled Ms X’s complaints about anti-social behaviour. This is because further investigation would not lead to a different outcome.

The complaint

1. Ms X complained about the Council’s response to reports of anti-social behaviour (ASB) she was subjected to over several months. Ms X complained the Council:

• did not treat incident reports as one continuing issue and respond accordingly;
• delayed use of enforcement alternatives which she said were ineffectual;
• carried out an anti-social behavior case review wrongly and failed to include her and;
• failed to properly safeguard her child during this time.

Miss X wants the Council to pay compensation and make service improvements

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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

3. (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. Ms X said the Council did not handle her ASB reports correctly. The Council responded to Ms X’s concerns as they arose and were in regular contact with her. It considered available options for dealing with the anti-social behaviour incidents, alongside its partner agencies who were involved and acted accordingly within local and national statutory guidance and policy.
7. Ms X says the anti-social behaviour case review conducted by a multi-agency panel was not done correctly. In its response the Council acknowledged it had incorrectly carried out the anti-social behaviour review by not giving Ms X the opportunity to attend and give her views and apologised for this.
8. Recommendations made from the appeal were implemented by the Council and a further review was scheduled to be carried out which Ms X was invited to attend. The review was carried out by the office of the Police and Crime commissioner.
9. Ms X complained the Council failed to safeguard her child during this time and the issues caused severe and continuing harm to her and her child. In its response the Council said it and other agencies involved had considered all the evidence when assessing risk. The Council’s safeguarding lead spoke to the allocated social worker who offered to be available for any support needed. It also provided Ms X with information on how to report any further concerns to children’s services. It said Ms X was a capable parent and able to therefore take appropriate steps to safeguard her child.
10. We will not investigate this complaint. The Council took account of all the relevant information, and its decisions were based on the professional judgement of its officers. We could not add to any previous investigation, and further investigation would not lead to a different outcome.

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Final decision

11. We will not investigate Ms X’s complaint about the Council’s handling of her anti-social behaviour case. This is because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman