The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council considered the complainant’s reports of anti-social behaviour. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Mr X complains the Council ignored his reports of anti-social behaviour (ASB) by his neighbour. He also says the Council discriminated against him and is biased against him.
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))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Ombudsman is not an appeal service. It is not our role to consider appeals against decisions made by councils with which complainants do not agree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
Mr X complained to the Council about his neighbours. The Council confirms it investigated his concerns and visited the neighbours. It says that during the investigation the neighbour made allegations of ASB against Mr X.
The Council says it discussed the results of its investigation at a multi-agency group meeting which included representatives from the police and Mr X’s housing association. The group decided to issue Mr X with a warning asking to stop certain actions.
Mr X says the Council is biased against him, failed to consider his concerns, and should not have issued a notice against him and has not allowed him to appeal against the notice.
The Council confirms it investigated his complaint. It has not issued any formal notice against him, therefore there is nothing to appeal against. The decision to issue a warning to Mr X asking him to cease certain actions was made by a multi- agency group.
Final decision
We will not investigate Mr X’s complaint because we have seen no evidence to suggest there has been fault in its handling of matters which justifies an investigation by the Ombudsman.
Investigator's decision on behalf of the Ombudsman