Summary: We will not investigate this complaint about the Council’s handling of an antisocial behaviour case which Ms X says unfairly targeted her children. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains about the Council’s handling of an antisocial behaviour case which unfairly targeted her children. She says it first accused her children of antisocial behaviour and then changed this to being associated with someone accused of antisocial behaviour. She says her children were issued with warning letters without adequate evidence and she wants an apology.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, (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, including the Council’s response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained to the Council about its handling of an antisocial behaviour case which involved her children. The Council responded to explain how it had investigated the case and found no fault in its decision to serve her children with warning letters. It did, however, acknowledge that the wording of such letters needs to be clear about whether a link to the behaviour being addressed was direct or by association.
7. While Ms X may not be satisfied with the Council’s handling of the case and its decision to issue her children with warning letters, it is not our role to act as a point of appeal against decisions made by councils with which complaints disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
8. We do not investigate every complaint we receive and we will not investigate where there is insufficient evidence of fault by the Council to warrant an investigation.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman