Summary: We will not investigate this complaint about how the Council dealt with reports of antisocial behaviour. This is because there is either insufficient evidence of fault, or because an investigation would not lead to a different outcome.

The complaint

1. Ms X complains about how the Council dealt with her reports of antisocial behaviour by a neighbour. Ms X complains that the Council failed to properly deal with her concerns about noise and rubbish.

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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
• further investigation would not lead to a different outcome.

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

3. 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)

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How I considered this complaint

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

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My assessment

6. Upon receipt of Ms X’s concerns about antisocial behaviour, the Council issued her neighbour with an advisory notice. And asked Ms X to complete diary sheets. It accepted that it later failed to process diary sheets that Ms X had submitted.
7. The Council has subsequently considered the diary sheets that Ms X provided and concluded that some of the issues she raised do not warrant further action. It has however made the decision to issue her neighbour with a notice under The Control of Pollution Act 1974, due to construction work being carried out outside of permitted hours.
8. I will not investigate Ms X’s complaint. The Council has accepted delays in considering the diary sheets Ms X provided, apologised and has now considered them. Investigation into this point would not lead to a different outcome.
9. The Council’s decision to take no further action in relation to some of the issues raised by Ms X is not affected by fault. It fully considered the information she provided and fully explained its reasoning. We cannot question the merits of judgements made by councils, when there is no evidence of fault. Where the Council has found evidence of a possible breach under The Control of Pollution Act 1974 it has taken appropriate action.

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Final decision

10. We will not investigate Ms X’s complaint because there is either insufficient evidence of fault or because investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman