Summary: We will not investigate this complaint about the Council’s actions on reports of anti-social behaviour. There is not enough evidence of fault in the Council’s actions. And we consider that further investigation will not lead to a different outcome.

The complaint

1. Mr X complains the Council is choosing not to act on his reports of anti-social behaviour by his neighbour.

Back to top

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
• further investigation would not lead to a different outcome.

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

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)

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X’s neighbour is a Council tenant. The law says we cannot consider complaints about councils when they are acting as social housing providers. This includes management of its tenancies.
7. In response to Mr X’s reports of noise nuisance, the Council installed noise monitoring equipment in Mr X’s home. It reviewed the recordings and the diary sheets provided by Mr X. It decided there was no evidence of a statutory noise nuisance. Having investigated the matter, this is a decision the Council is entitled to make.
8. The Council confirms it reported Mr X’s concerns about cannabis use to the police who have advised officers will monitor the situation and visit the neighbour when patrolling the area. It has also contacted social services about Mr X’s concerns for the safety of the neighbour’s child. Social Services have confirmed they have no concerns for the child. Also, it advised Mr X that harassment and stalking are matters for the Police.
9. The tenant has left the property.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council responded to his reports of anti-social behaviour. And an investigation is unlikely to lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman