Derby City Council (21 008 058)

Category : Environment and regulation > Antisocial behaviour

Decision : Closed after initial enquiries

Decision date : 26 Oct 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about comments the Council made to Mr X in connection with complaints he made about his neighbours. This is because an investigation is unlikely to find evidence of fault by the Council.

The complaint

  1. The complainant, who I refer to as Mr X, says the Council has made false and unfounded statements in connection with complaints he has made about his neighbours, and it has refused to withdraw them.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

  1. Mr X made a number of complaints to the Council about his neighbours, including his reports that they were deliberately parking in front of his property. The Council looked into the claims made by Mr X about the neighbours’ behaviour but it told him there were no grounds for it to take enforcement action and no evidence to support his claims of abuse from the neighbours.
  2. While Mr X may not be satisfied with what the Council has told him in connection with his complaints, an investigation by the Ombudsman is unlikely to lead to a different outcome and unlikely to find fault by the Council.

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Final decision

  1. We will not investigate Mr X’s complaint because an investigation is unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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