The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s handling of her complaint about antisocial behaviour from a neighbour. It is unlikely an investigation would lead to a different outcome or achieve what Ms X wants.
The complaint
Ms X complained the Council delayed taking appropriate action in response to her reports of antisocial behaviour from a neighbour. She says the matter has affected her and her family’s health, caused distress and limited their ability to use their garden. She wants the Council to provide an appropriate financial remedy for the impact on their health and the distress caused.
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: further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
We consider whether there was fault in the way an organisation made its decision. 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
Ms X complained about significant amounts of dog mess in a neighbour’s garden. She told the Council it was affecting her and her family’s health, causing distress and limiting her ability to use her own garden.
In its complaint response, the Council said when it initially considered the matter, it did not consider there was sufficient evidence to warrant formal action. It said it had offered Ms X mediation, but Ms X had declined this.
It said it had considered the matter again more recently and, following an unannounced visit to her neighbour’s property, had decided it now had enough evidence to act. It issued a community protection notice in February 2025.
We will not investigate this complaint. It is for the Council to assess the evidence and to decide what, if any, action to take. Although I accept Ms X did not agree with the Council’s initial decision not to take formal action, this was the Council’s decision to make. It is unlikely an investigation would lead to a different outcome or achieve the financial remedy Ms X is seeking, and so we will not investigate.
Final decision
We will not investigate Ms X’s complaint because it is unlikely an investigation would lead to a different outcome or achieve what Ms X wants.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman