Summary: We will not investigate this complaint about how the Council dealt with Miss X’s complaints about anti-social behaviour, noise nuisance and rat infestation. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Miss X complains the Council was at fault in how it dealt with her complaints about anti-social behaviour (ASB), noise nuisance and rat infestation. She said the Council failed to assist her in a timely manner, breached its own policies and failed to take action.
2. Miss X said this has caused her significant distress. She wants the Council to improve its system.

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The Ombudsman’s role and powers

3. 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), 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 reported to the Council a high-pitched noise and strong smell from a neighbouring property, concerns the landlord was not maintaining the property, and a lack of natural light caused by a van parked opposite and tree cover.
7. The Council responded to Miss X’s reports by speaking with neighbours, liaising with other agencies, visiting the property, arranging electromagnetic field testing, and contacting the landlord about maintenance. It decided no further action was possible on the reported smell because it had insufficient information, and Miss X declined the electromagnetic field testing. It decided any reduction of light was not considered a public health risk.
8. The Ombudsman is not an appeal body. We do not reconsider the merits of a decision, but look at whether the Council followed the correct process in reaching it. Where it has, we cannot question the decision itself.
9. There is insufficient evidence of fault in how the Council considered and responded to Miss X’s reports of ASB. It considered the information she provided and reached its decisions without unreasonable delay.
10. Miss X asked the Council for an ASB case review, saying she had reported three incidents of ASB within six months. The Council decided the threshold was not met because one incident did not amount to ASB. There is insufficient evidence of fault in how it considered and rejected her request.

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Final decision

11. We will not investigate Miss 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