Summary: We will not investigate this complaint about anti social behaviour. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X says the Council failed to address his complaints about anti social behaviour. He says he does not feel safe in his home and the situation has an emotional impact on him. Mr X wants the Council to move his neighbour away from him.

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The Ombudsman’s role and powers

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), section 34(B))

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How I considered this complaint

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

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My assessment

4. Mr X reported his neighbour’s anti social behaviour (ASB) to the Council. The Council discussed the matter with Mr X over the phone and also visited him at home.
5. Mr X showed the Council video footage. The Council decided it was not enough to substantiate his report. The Council explained its reasoning and further investigation would be unlikely to find fault with how the Council handled this part of Mr X’s complaint.
6. Mr X reported further incidents of ASB. This included allegations of criminal activity at his neighbour’s address. The Council reviewed Mr X's evidence but decided it did not show a repeated pattern of unreasonable behaviour. It therefore did not take any enforcement action.
7. The Ombudsman would not usually decide whether the Council's conclusion was correct. Instead, it would consider whether the Council properly investigated, considered the evidence and applied the correct legal tests when reaching its decision.
8. Councils have powers to tackle ASB. Some of these include Community Protection Warning (CPW) and Community Protection Notices (CPNs). Councils need to be satisfied on reasonable grounds, that there was persistent conduct which was unreasonable. The Council considered the evidence provided by Mr X. It decided those tests were not met and explained why the information available did not substantiate his claims. As the Council properly considered if it should take formal action, it is unlikely I would find fault.
9. Mr X further complained the Council made comments about his mental health. I consider the Council made those comments to try to help Mr X. We will not investigate this part of the complaint as there is insufficient evidence of fault.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find fault with the Council.

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Investigator's decision on behalf of the Ombudsman