Summary: We will not investigate this complaint about the Council’s handling of a report of anti-social behaviour. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

1. The complainant, who I refer to as Mr X, complains about the way the Council dealt with a report of anti-social behaviour made against him involving a water leak from his property.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council, including its responses to his complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about its response to a report of anti-social behaviour made against him by a neighbour who lives below him.
6. While it apologised to Mr X for its delay in responding at Stage 2 of its complaints procedure, and told him that it could reach no conclusion on two different recollection of events held by Mr X and the Council officer who visited his property, it did not uphold the complaint.
7. As an investigation by the Ombudsman is unlikely to add to the investigation already carried out by the Council or lead to a different outcome, we will not investigate the complaint.
8. If Mr X is dissatisfied with the view taken by the Council in connection with a data protection issue, he can raise this with the Information Commissioner’s Office, the body best placed to deal with such a matter.

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Final decision

9. We will not investigate Mr X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman