The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s failure to act on her reports of cannabis smells coming from a neighbour’s property and the nuisance it caused her because there is insufficient evidence of fault.
The complaint
Mrs X complained the Council failed to act on her reports of anti-social behaviour from a neighbour. Mrs X complained about a smell of cannabis.
Mrs X said the matter caused her frustration and 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. (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
We will not investigate this complaint. In its complaint response to Mrs X, the Council explained the actions it had taken, including in partnership with other organisations, to determine whether anti-social behaviour had taken place. This included: considering diary sheets; visiting both Mrs X’s home and the neighbouring property; joint work with partner agencies; and writing to Mrs X’s neighbour about the issue.
There is insufficient evidence of fault in the Council’s actions to warrant an investigation by the Ombudsman, and so we will not investigate this complaint.
In any case, Mrs X told us during a phone call the issue has now been resolved. The neighbour has moved and she is no longer experiencing a nuisance. Therefore, an investigation by the Ombudsman is unlikely to achieve anything further, and we will not investigate.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault and an investigation is unlikely to achieve any additional outcome.
Investigator's decision on behalf of the Ombudsman