Westminster City Council (25 018 033)

Category : Environment and regulation > Noise

Decision : Closed after initial enquiries

Decision date : 17 Sep 2026

The Ombudsman's final decision:

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

The complaint

  1. Ms X complains the Council has failed to act on reports of anti-social behaviour (ASB). She says the Council has breached her human rights, equality rights and rights to undisturbed occupancy. Ms X says this has caused her sleep deprivation. She wants:
    • an apology;
    • an independent review of the Council’s policies and procedures;
    • staff training; and
    • reimbursement of all costs she has incurred.

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The Ombudsman’s role and powers

  1. 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
  • 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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X lived in a property in the Council’s area which was rented from and managed by a housing association (the landlord). In November 2025, she complained to the Council that it had failed to investigate her reports of ASB and had not followed its ASB policy.
  2. The Council’s ASB policy does not explain its role where the person reporting ASB is a social housing tenant. Social landlords have powers to address ASB involving their tenants, and the Council may therefore take a different approach in such cases. However, the policy does not make this clear. A social housing tenant reading it might reasonably expect the Council to carry out its own investigation. The lack of clear guidance for people in Ms X’s position is fault. However, I do not consider this caused Ms X a significant injustice. In its complaint response, the Council explained that it was the landlord’s responsibility to take appropriate action to address the ASB. It also advised Ms X that she could use the landlord’s complaints procedure if she was dissatisfied with the action it had taken.
  3. The Council decided Ms X’s case did not meet the threshold for an ASB case review. It said this was because Ms X had not previously reported the incidents to the relevant agencies, and the Council first became aware of them when she requested the review. There is not enough evidence of fault in how the Council reached its decision to justify an investigation. I have also not seen any evidence to support that the Council has breached Ms X’s human rights, equality rights and rights to undisturbed occupancy.

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Final decision

  1. 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

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