Summary: We will not investigate Mrs X’s complaint about how the Council responded to her reports of antisocial behaviour. This is because there is not enough evidence of fault and any injustice is not significant enough to justify an investigation by the Ombudsman.

The complaint

1. Mrs X complains about how the Council responded to concerns about her neighbours’ antisocial behaviour. She says the officer was unprofessional and unfair and did not properly consider her parents’ vulnerability.

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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 and any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), section 34(B))

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How I considered this complaint

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

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My assessment

5. Mrs X lived next door to her parents and was their carer. She told a health professional her concerns for her father’s privacy in the garden. She also said her neighbours were shouting at her mother over the fence, and this was causing distress to both her parents.
6. The health professional contacted a housing officer, who visited Mrs X and her parents and Mrs X’s neighbours. The officer spoke with Mrs X and her neighbours.
7. Mrs X complained to the Council about the unannounced visit and said the officer was unprofessional, didn’t take account of her parents’ vulnerabilities, and was biased toward her neighbours, who are Council tenants.
8. The visit notes show the officer was aware of Mrs X’s parents’ medical conditions and that Mrs X was their carer. The officer considered what steps could be taken by both parties. She advised Mrs X’s neighbours they must comply with tenancy conditions.
9. Mrs X said the Council should have taken enforcement action after this visit. She said the Council did take various measures later, but it could have taken steps earlier.
10. I will not investigate this complaint. In making its decision, the organisation took account of information available from both Mrs X and her neighbours and the officers professional judgement. The Council followed the appropriate procedures when deciding what steps to take. Therefore, I cannot criticise it.
11. Mrs X said the housing officer was unprofessional and dismissive during her visit. The Council said there was no evidence of this and, therefore, it would not take further action.
12. I will not investigate this complaint. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. I do not consider Mrs X has suffered significant enough injustice to warrant an investigation of this matter.

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Final decision

13. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify an investigation, and any injustice is not significant enough to justify an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman