Summary: We will not investigate this complaint about the Council’s handling of Ms X’s reports of anti-social behaviour by a neighbour. This is because an investigation is unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains about the Council’s handling of her reports of anti-social behaviour by a neighbour dating back to 2021. She says its investigation was inadequate and that CCTV evidence she has was not viewed. She also says the Council has failed to take action against a neighbour in relation to trees planted along her boundary which she fears will damage her property.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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
• 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), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council, including its response to her complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Ms X complained to the Council about the anti-social behaviour of a neighbour, particularly concerning an incident which took place in 2021.
7. The Council investigated, viewed the CCTV footage provided by Ms X but decided there were no grounds on which to base any further action.
8. In response to Ms X’s concerns about possible damage being caused to her property by the roots of trees planted by a neighbour, the Council’s tree officer visited and inspected the trees but found they were causing no issues which required any action.
9. We do not investigate every complaint we receive and while Ms X may not agree with the outcome of her complaint to the Council, we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
10. The Council investigated her reports of anti-social behaviour and her concerns about the trees but found no grounds on which to base further action. It is not our role to act as a point of appeal against decisions properly made by councils with which complainants disagree.

Back to top

Final decision

11. We will not investigate Ms X’s complaint because an investigation is unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman