Summary: Ms X complains about the Council’s handling of anti-social behaviour issues relating to her and her neighbour. We will not investigate the complaint because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, who I refer to as Ms X, says the Council has wrongly taken action against her and has failed to take appropriate action against her neighbour in connection with what the Council incorrectly calls a dispute between the two parties.

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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 cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (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 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

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I gave Ms X the opportunity to comment on my draft decision.

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My assessment

7. There is a history of disagreement between Ms X and her neighbour. The Council has been involved in trying to help them resolve matters and action has been taken against both parties in relation to the problem.
8. While I understand Ms X is dissatisfied with the Council’s actions, we are not an appeal body and it is not our role to question the decisions it has taken if it has followed the right steps and considered the relevant evidence and information.
9. The Council investigated Ms X’s complaint about its handling of her case and the actions of the officer dealing with it but it found, on the balance of probabilities and in light of the evidence it held, that its officer’s treatment of the parties involved had been fair and proportionate.
10. I note the Council has allocated Ms X’s case to a new officer and as I do not consider an investigation by the Ombudsman would be likely to add to the investigation already undertaken by the Council or lead to a different outcome, we will not investigate it.

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Final decision

11. We will not investigate this complaint. This is because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman