The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of reports of anti-social behaviour made by Mr X about his neighbour. This is because we are unlikely to find evidence of fault, and further investigation would not lead to a different outcome.
The complaint
Mr X complains the Council failed to properly investigate reports of anti-social behaviour (ASB) by his neighbour, including noise from loud music and power tools. Mr X says this is causing him distress.
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, or further investigation would not lead to a different outcome.
(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
Mr X says he has been experiencing ASB by his neighbour for many years. More recently, the Council organised mediation sessions for Mr X and his neighbour which appeared to resolve the matter. Therefore, Mr X said he was happy for the Council to close the case.
Subsequently, Mr X made further reports of ASB by his neighbour and the Council reopened the case.
The Council has acted on Mr X’s reports of ASB and is currently investigating the matter. These are the actions we would expect the Council to take. Therefore, it is unlikely we would find evidence of fault. In addition, the Council is carrying out an investigation and an investigation by the Ombudsman would be unlikely to achieve anything more.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we would find evidence of fault and an investigation would unlikely achieve a different outcome.
Investigator's decision on behalf of the Ombudsman