The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of anti-social behaviour. This is because there is not enough evidence of fault to justify investigating.
The complaint
Mr X complains that the Council has failed to investigate his complaints about anti-social behaviour from another resident. Mr X says he and his family are prisoners in their own home and their health has suffered adversely.
Mr X would like the Council to investigate his concerns and work with him.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start 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 the complainant which includes the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has considered Mr X’s reports. It has advised him that it has received counter allegations against him.
The Council has decided Mr X is involved in a neighbour dispute for which mediation is the most appropriate remedy.
We will not investigate. This is because I have seen information showing the Council has considered Mr X’s information and reached a professional judgement that informal action in the form of mediation is required. That Mr X disagrees with the Council’s decision is not necessarily evidence of the Council acting with fault.
It is open to Mr X to take his own action under section 82 of the Environmental Protection Act 1990 against his neighbour. If the court decides Mr X is suffering a nuisance, it can order the person responsible to take action to stop or limit it.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman