The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with an anti-social behaviour case review. This is because it is reasonable for the complainant to ask for an appeal.
The complaint
Mr X complains about how the Council managed his request for an anti-social behaviour (ASB) case review. Mr X says he was not invited to the meeting, the Council did not follow the correct process, the chair was not independent and that incorrect conclusions were reached.
The Ombudsman’s role and powers
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 it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint. There is a right of appeal against the Council’s ASB case review process and the Council has told Mr X how he can request an appeal. It is reasonable for him to use that right of appeal.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to use the appeal process available to him.
Investigator's decision on behalf of the Ombudsman