Source · SPSO (Scottish Public Services Ombudsman)

North Ayrshire Council

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 202007741 Sector Local Government Category Neighbour disputes and anti-social behaviour Decided 01 March 2023

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Full decision

Summary

C complained that the council's response to their reports of anti-social behaviour had been inadequate. C said that their neighbour was subject to an anti-social behaviour order which they had repeatedly breached.

The council provided C with a noise recording application which allowed them to record noise and disturbances and send these reports to the council. However, C complained that they were not provided with sufficient information on how to use the application and on what the council would accept as evidence of anti-social behaviour. The council rejected C’s submissions as evidence of significant noise problems and refused to let C submit additional recordings.

We found that the council had responded to C’s complaints of anti-social behaviour appropriately. Their response had been affected by delays in hearing court cases, but this was outwith the council’s control. It was also noted that actions taken by the council could not always be shared with C. We considered that C was provided with adequate guidance on using the noise recording application. Therefore, we did not uphold this part of C's complaint.

C also complained that they were prevented from making further complaints by the council. We found no evidence that C was being prevented from making further complaints about noise and anti-social behaviour. The council stated explicitly as part of their submission to the investigation that if there was evidence of a material change in circumstances, then C would be allowed to complain about this. Therefore, we did not uphold this part of C's complaint.

Related reading

View Decision Report 202007741 as a PDF (24.5 KB) Updated: March 22, 2023

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