Summary: Ms X complained about how the Council handled an Anti-Social Behaviour (ASB) case review request. She also complained the Council failed to complete actions from the case review meeting. Ms X said this impacted her mental health. The Council did not keep accurate records and did not complete the actions of the case review. This frustrated and distressed Ms X. The Council has agreed to apologise, make a financial payment, complete the action from the meeting and remind staff of the Council responsibilities.

The complaint

1. Ms X complained about how the Council handled an Anti-Social Behaviour (ASB) case review request. She also complained the Council failed to complete actions from the case review meeting. Ms X said this impacted her mental health.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

4. The ASB case review is a multi-agency process. I have investigated the Council’s actions in Ms X’s complaint.
5. I have not investigated the actions of any other agency involved in this process.

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How I considered this complaint

6. I read Ms X’s complaint and spoke to her about it on the phone.
7. I considered information provided by Ms X and the Council.
8. Ms X and the Council had an opportunity to comment on a draft decision. Any comments were considered before making this final decision.

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What I found

Background information

9. Councils have a general duty to tackle anti-social behaviour (ASB). But ASB can take many different forms; and when someone reports a problem, councils should decide which of their powers is most suitable.
10. For example, they may approach a complaint:

• as an environmental health issue, where the complaint is about noise or pollution;
• as a planning matter, where the complaint is about an inappropriate use of a building or facility;
• as part of their duties as a social landlord, where the alleged perpetrator is a council tenant (although we cannot investigate the council’s actions as a social landlord); and/or
• using their powers under the Anti-social Behaviour, Crime and Policing Act 2014.

11. The 2014 Act introduced six powers for agencies involved in tackling ASB. These are:

• the power to issue a community protection notice (CPN);
• the power to make a public spaces protection order (PSPO);
• the power to close premises for a set length of time;
• a civil injunction (a court order, which a council, or other agencies, can apply for);
• a criminal behaviour order (a court order made following a conviction); and
• the power for the police to disperse people from a specified area.

12. The Anti-social Behaviour, Crime and Policing Act 2014 introduced a way to review the handling of complaints of anti-social behaviour (ASB). This is the anti-social behaviour case review, which was previously known as the ‘Community Trigger’.
13. When a person asks for a review, relevant bodies (which may include the council, police and others) should decide whether it meets the local threshold. Relevant local bodies should agree their review threshold, but the ASB statutory guidance says this should be, at a maximum, that a complainant has made three reports of ASB within six months.
14. If the threshold is met, the relevant bodies should carry out the review. They should share information, consider what action has already been taken, decide whether more should be done, and then tell the complainant the outcome. If they decide to take more action, they should create an action plan.
15. Asking for an ASB case review is not the same as making a formal complaint against a council for how it has handled reports of ASB.
16. We can only consider councils’ actions in an ASB case review. We cannot investigate or make findings about any contribution made by other relevant bodies, such as the police.
17. In August 2023, the Ombudsman issued practitioner guidance on ASB.

What happened

18. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
19. Ms X lives in a housing estate with some properties empty waiting for renovations. Ms X and others reported ASB to the Council over a number of years.
20. Ms X asked the Council to complete an ASB case review at the start of September 2023. Ms X continued to report ASB.
21. Ms X complained to the Council at the start of November 2023. She said she had not heard from the Council about her request for a case review.
22. The Council responded ten days later to say the Council was managing the case review request in accordance with legislation. The Council confirmed the meeting was arranged for the end of November 2023.
23. Ms X attended the meeting at the end of November 2023. An email confirmed the actions from the meeting. Most of the actions were for the police, but the Council was responsible for arranging the follow up meeting a month later. I have not seen any minutes or notes from this meeting.
24. The Council responded to Ms X’s complaint in December 2023. The response said the case review matter was now resolved as it held the meeting.
25. Ms X continued to raise concerns about the ASB and the case review with the Council.
26. Ms X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Ms X would like the Council to create an action plan and arrange the follow up meeting.
27. In response to my enquiries the Council stated Ms X’s request for a case review did not meet the criteria. The Council said the delays holding the meeting was because of Ms X’s request to have a police officer chair the meeting.

My findings

28. The Ombudsman can only consider the actions of the Council in matters about ASB case reviews. I cannot consider any actions of other agencies.
29. The Council has shown the delays holding the meeting were sourcing a police officer able to chair the meeting. I cannot consider the actions of the police service.
30. However, in response to my enquiries the Council said Ms X’s original request did not meet the criteria for a case review. The Council has not provided a criteria. The guidance set out in paragraph 13, says the threshold should be, at a maximum, that a complainant has made three reports of ASB within six months. The Council said Ms X did not have a reference number, or an exact time of the incidents. The Council records noted the incidents and the times of the reporting. The Council should not need any reference number when considering a case review request.
31. The Council has not evidenced its decision making when deciding Ms X’s request did not meet the criteria. The Council has not evidenced it told Ms X her request did not meet the criteria either. This is poor record keeping and communication. This is fault, frustrating Ms X.
32. The Council then agreed to arrange a meeting, without a further request, although Ms X did report more ASB and chased the case review request. The meeting took place at the end of November 2023. The Council has not provided any minutes or notes from this meeting. The Council should keep accurate records. Not keeping accurate records is fault.
33. The Council noted in communication the actions from the meeting. Most of the actions are for the police, so I cannot comment on them. A Council action was to arrange a further meeting in one month. This did not happen. The Council has not completed the actions from the case review meeting. This is fault. This distressed and frustrated Ms X.

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Agreed action

34. To remedy the outstanding injustice caused to Ms X by the fault I have identified, the Council has agreed to take the following action within 4 weeks of this final decision:
• Apologise to Ms X for the fault identified in this investigation. This apology should be in accordance with the Ombudsman’s guidance Making an effective apology.
• Pay Ms X £200 as an acknowledgement of the distress and frustration the Council fault caused.
• Hold the follow up meeting, as per the actions from the case review meeting.
• Remind relevant staff of the importance of keeping accurate records of meetings and decision making.
• Provide guidance to relevant staff on the Council's responsibilities when completing ASB case reviews.
35. The Council should provide evidence of the actions taken to satisfy the recommendations.

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Final decision

36. I have found fault by the Council, which caused injustice to Ms X. The Council has agreed to the recommended action. I have ended my investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman