Summary: We will not investigate this complaint about how the Council handled reports of antisocial behaviour and conducted an antisocial behaviour case review. This is because further investigation would not lead to a different outcome.

The complaint

1. Mr and Mrs X said the Council failed to act properly on reports of a dropped kerb obstruction. They said there were procedural failings during an antisocial behaviour (ASB) case review. They also said the Council failed to implement recommendations made by the Office of the Police and Crime Commissioner (OPCC) following their appeal.
2. They said Mr X is being obstructed disabled access to their property. They want the Council to organise an independent review, provide an apology and compensation.

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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 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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr and Mrs X complained there were procedural failings during the Council’s ASB case review, and it did not implement the recommendations made by the OPCC.
7. The Council said it did not accept the recommendations made and explained its reasons to the OPCC, which it accepted. Mr and Mrs X then requested a further antisocial behaviour case review which the Council agreed.
8. The Council invited Mr and Mrs X to attend. On two occasions they asked the Council to delay the review, and it has organised a further date.
9. We will not investigate this complaint. The Council has a process which Mr and Mrs X used to appeal the outcome of the case review. The Council then agreed to complete a further case review regarding similar incidents Mr and Mrs X reported. Therefore, further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

10. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman