Section: Research & Surveys
Ombudsmen Gives Guidance on Nuisance
The
Local Government Ombudsmen published a special report on neighbour nuisance and anti-social behaviour.
Over the years, the
Ombudsmen have received an increasing number of complaints about nuisance and anti-social behaviour. Councils now have new powers to address such
problems, but the experience of the Ombudsmen is that straightforward administrative failures continue to undermine the actions taken when dealing
with complaints.
In their report, the Ombudsmen identify a number of fundamental principles of good practice, which should be followed when
dealing with complaints of neighbour nuisance and anti-social behaviour:
- It is important to define neighbour nuisance and
anti-social behaviour, so that staff know when specific action should be triggered.
- Policies and procedures should be written, so as to
provide a considered, consistent, and relevant response to complaints of neighbour nuisance and anti-social behaviour.
- All procedures must
be understood and followed by staff involved in dealing with a complaint - this will involve training and updating on a formal and informal
basis.
- There must be an adequate and fast response to all complaints received.
- All necessary and appropriate steps need to be
taken to investigate complaints, with a view to obtaining evidence about the activities complained about. Records should be kept of all substantive
contacts and information obtained, so as to provide a comprehensive picture of the case. Perpetrators must be afforded the opportunity to respond to
allegations made.
- Joined-up action is important. Internally, the departments involved must liaise and share information, so that
appropriate action is taken. It is equally important to establish good links with other agencies and ensure that they operate in accordance with
practice.
- Mediation is a very effective way of dealing with some forms of neighbour dispute, but its use must be given careful
consideration, as it is not the right response for every case.
- Where appropriate, robust formal action needs to be taken and evidence
should not be allowed to go stale.
- Throughout the period of a complaint, action must be taken to keep the complainant informed of key
events and steps taken to address the complaint. Where necessary, this information should be in writing, so as to avoid any later
misunderstanding.
The above highlights the issues that are expanded on further in the report.
Neighbour Nuisance and
Anti-social Behaviour,
Local Government Ombudsmen. Tel: 020 72174620