The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision to take enforcement action against her for anti-social behaviour. There is not enough evidence of fault by the Council to justify an investigation. We cannot question a decision taken without fault.
The complaint
Mrs X complains about the Council’s enforcement action against her following allegations of anti-social behaviour. She says the allegations are unfounded and frightening. She wants the Council to apologise and review its decision to take enforcement action.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council sent Mrs X a letter in January 2024 advising her of allegations of anti-social behaviour against her. It asked Mrs X to get in touch to discuss the allegations. Mrs X did not respond to the letter.
In February 2024 the Council issued Mrs X with a written warning. It said it had evidence of Mrs X’s anti-social behaviour. It gave Mrs X details of the next possible stages if it received evidence of any further anti-social behaviour. The Council then met with Mrs X to discuss the allegations and reiterate the warning.
Mrs X complained to the Council. She denied the allegations and said the Council had behaved aggressively toward her. The Council said it had received video evidence which supported the allegations and explained the letter and meeting were to ensure Mrs X was aware of the seriousness of the allegations.
We will not investigate this complaint. The Council reviewed evidence of the allegations against Mrs X and offered her an opportunity to respond. It decided the evidence supported the allegations and followed its process by then issuing Mrs X with a warning. This is a decision the Council is entitled to make.
We cannot question a decision because someone disagrees with it. There must be evidence of fault in how the Council made the decision. In this case, there is not enough evidence of fault by the Council to justify an investigation. We cannot question a decision taken without fault.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council to justify an investigation. We cannot question a decision taken without fault.
Investigator's decision on behalf of the Ombudsman