Summary: We will not investigate Ms X’s complaint about the Council’s action following her report of anti-social behaviour. This is because there is not enough evidence of fault.

The complaint

1. Ms X complains the Council did not take proper action against a neighbour for their unreasonable behaviour and handled her complaint poorly.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
4. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X complains her neighbour has behaved unreasonably for years and the Council has not taken action. I will not investigate any matters arising more than 12 months ago as these are late. And I will not investigate where Ms X complained about the Council actions as a landlord as this is out of jurisdiction.
9. Ms X complained to the Council in January 2024. At the end of January, the Council told Ms X it would investigate her concerns separately to the complaints procedure and so closed her complaint. Ms X then complained to us before the Council took any follow up action. There is not enough evidence of fault to consider this matter further.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman