Source · SPSO (Scottish Public Services Ombudsman)

East Lothian Council

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201900330 Sector Local Government Category Neighbour disputes and anti-social behaviour Decided 01 August 2020

View East Lothian Council scorecard

Full decision

Summary

Ms C complained on behalf of her father (Mr A) that the council unreasonably issued Mr A with a third warning under the council’s anti-social behaviour policy following an altercation between Mr A and his neighbour. Mr A’s neighbour brought an anti-social behaviour complaint against Mr A, which was corroborated by an audio recording taken during the altercation.

Ms C complained that the council’s handling of the anti-social behaviour complaint against Mr A was unreasonable as they went straight to a third warning and should not have relied on the recording from the neighbour as evidence when investigating the neighbour’s complaint. We found that the council’s anti-social behaviour policy allows for escalation directly to a third warning, bypassing first and second warnings, in cases where an adult is involved in serious anti-social behaviour. We found that the council’s handling of the anti-social complaint made against Mr A was in line with their anti-social behaviour policy and as such did not uphold this part of the complaint.

Ms C also complained that Mr A was inappropriately recorded by a council officer and was only made aware when it was referenced by the council in their complaint correspondence. We were unable to find, on the basis of the information and evidence available, that the recording was inappropriate and as such did not uphold this part of the complaint.

Related reading

View Decision Report 201900330 as a PDF (24.3 KB) Updated: August 19, 2020

View original on SPSO (Scottish Publ… website

Other decisions involving East Lothian Council

Reference Date Summary Outcome
202409021 01 Jun 2025 C complained that the council failed to reasonably respond to reports of damp and mould in their property. C also … Upheld
202105316 01 Nov 2022 C complained that the council failed to respond reasonably to their enquiries. A planning application was submitted by a business … Partly Upheld
201806620 01 Feb 2021 Mr C complained that for over three years, the council failed to reasonably respond to his and his wife's (Mrs … Partly Upheld
201902383 01 Jan 2021 C made an application to the council for a row of trees neighbouring their property to be removed or reduced … Upheld
201901549 01 Dec 2020 C complained about the council's handling of a Statutory Nuisance under the Environmental Protection Act 1990 (the Act), which was … Not Upheld
View all decisions for this organisation