Summary: We will not investigate this complaint about how the Council has dealt with reports of antisocial behaviour. This is because there is insufficient evidence of fault causing the complainant an injustice.

The complaint

1. Mr X complains about how the Council has dealt with his reports of anti-social behaviour at a premises in its area.

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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 or continue 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
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X has reported antisocial and criminal behaviour in a premises within the Council’s area. The Council considered the allegations raised by Mr X and referred the matter to the police. The Council has told Mr X it is unable to provide him with further information as the police are now dealing with the matter and there is a criminal investigation ongoing.
6. I will not investigate Mr X’s. The issues he raised in his complaint relate allegations of criminal offences and therefore there is no evidence of fault with the Council’s decision to refer them to the police. Nor is there any fault with the Council’s decision not to correspond with Mr X whilst the investigation is ongoing. If Mr X is unhappy with the investigation , he should raise this matter with the police who are better placed to investigate these matters.
7. Mr X no longer lives near the premises in question, so any ongoing issue of antisocial behaviour does not cause him a personal injustice.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault causing Mr X an injustice.

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Investigator's decision on behalf of the Ombudsman