The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council sending her an anti-social behaviour advice letter about bread and bird seed. This is because we have decided any injustice is not significant enough to justify our involvement.
The complaint
Ms X complains the Council sent her an anti-social behaviour advice letter after someone complained that bird seed and bread had been placed outside a property.
Ms X says the letter has caused her distress and anxiety, and she would like it removed from her records.
The Ombudsman’s role and powers
People may complain to us about injustice caused by: ‘maladministration’ and ‘service failure’ by a public organisation we could investigate; or the actions of an organisation in connection with privately arranged adult social care.
(Local Government Act 1974, section 26A(1) or section 34C(1)(a)).
We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), or section 34B(8)).
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has investigated Ms X’s complaint. The Council confirms it received one complaint which had resulted in the letter being sent. The Council also said no further action such as police action had been taken. It declined to remove the advice letter from its records and says the letter represents proportionate action.
The law means we can choose only to investigate a complaint where the person has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
I recognise the circumstances of Ms X’s complaint have affected them, but this is not significant enough to warrant us investigating. The advice letter is an informal advice letter, does not amount to formal enforcement action, does not represent any restriction of Ms X’s housing rights or indicate other adverse consequences to Ms X.
Final decision
We will not investigate this complaint because any injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman