Summary: We will not investigate Miss X’s complaint about the Council’s response to her reports of anti-social behaviour. There is insufficient evidence of fault to warrant investigation.

The complaint

1. Miss X complains the Council did not properly investigate anti-social behaviour (ASB) by her neighbour.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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

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. Miss X informed the Council she was experiencing ASB from her neighbour. She said the neighbour caused excessive noise at anti-social hours. The Council investigated, determined there was a noise nuisance, and served an abatement notice on her neighbour.
7. Following the abatement notice the Council completed multiple investigations, including several periods of noise monitoring and multiple officer inspections. The Council did not identify an ongoing nuisance. Because the neighbour was complying with the abatement notice, further action was not taken.
8. Miss X says the noise is an ongoing nuisance and the Council wrongly denied her request for an ASB review.
9. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation has followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, even if someone disagrees with it.
10. The Council considered Miss X’s request for an ASB review and contacted the community safety partners. An ASB review is a multi-agency process, and the Ombudsman can only consider the Council’s part in it. The partner agencies decided the request did not meet the threshold for an ASB case review. I cannot consider if there was fault in the partner agencies decision because the Ombudsman does not have the power to investigate these agencies.
11. I have reviewed the Council’s case notes and there is not enough evidence of fault in the Council’s processes here to warrant an investigation. The Council investigated Miss X’s reports, took enforcement action, and monitored to ensure compliance. Whilst I appreciate Miss X feels the noise nuisance is continuing, I am satisfied the Council investigated in line with their processes and determined the nuisance threshold was not met after the abatement notice was served.

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Final decision

12. We will not investigate Miss X’s complaint. There is insufficient evidence of fault to warrant investigation.

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Investigator's decision on behalf of the Ombudsman