The Ombudsman's final decision
Summary: We will not investigate the Council’s handling of Miss X’s concerns alleging anti-social behaviour and noise nuisance. This is because there is no worthwhile outcome by investigating.
The complaint
Miss X says the Council failed to take effective action when she reports noise and aggressive behaviour from a property connected to the Council.
She also complains the Council has failed to keep her informed about what action it is taking and she has been left feeling unsafe in her home.
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 no worthwhile outcome achievable by our investigation. (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. And I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says she and her family have been left feeling unsafe in their home due to anti-social behaviour. She says ongoing noise, aggressive behaviour and police attending has disrupted daily life and their sleep. She would like an apology, confirmation of the action taken and consideration of redress for the distress caused.
The Council has considered Miss X’s complaint. It says it cannot provide any information about action against third parties due to the risk of breaching the General Data Protection Regulations. And, as the accommodation is not in the Council’s area, it advises Miss X to make reports to other agencies such as the local Council’s Noise Team and the Police.
We will not investigate. This is because we are unlikely to achieve any worthwhile outcome by investigating. While this Council may be connected to the residents alleged to be causing anti-social behaviour (and I have not checked this as I am not investigating) the primary obligation for investigating rests with another Council. The Council local to the address complained about is responsible, in the first instance, for investigating reports of noise nuisance and/or anti-social behaviour.
Final decision
We will not investigate Miss X’s complaint because there is no worthwhile outcome by investigating.
Investigator's decision on behalf of the Ombudsman