Summary: We will not investigate this complaint about the Council’s decision to implement its unreasonable and vexatious complainants policy. Mr X’s complaint has been made late and there is no good reason to consider it now. The issues raised also relate to court proceedings, which are outside the Ombudsman’s remit.

The complaint

1. Mr X complains that the Council wrongly applied its policy on Unreasonably Persistent and Vexatious Customer Behaviour. It appointed a Single Point of Contact for his future communications. Mr X says this limits his right to complain and restricts free speech.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X has complained about the Council’s decision to apply its Unreasonably Persistent and Vexatious Customer Behaviour policy and restrict how he can contact it. However, I consider Mr X’s complaint about this matter late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. The Council told Mr X its decision to implement the policy in April 2024. I see no good reason to exercise discretion to investigate the matter now as I consider Mr X could have complained to the Ombudsman sooner.
8. Mr X has also started legal proceedings against the Council as he says it has imposed a gagging order. Mr X would like the Ombudsman to represent him in court.
9. The Ombudsman cannot represent individuals in court and the law also prevents us from investigating the start of court action. Anything that forms part of court proceedings, including reports prepared by the Council, is outside our jurisdiction.

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Final decision

10. We will not investigate because the complaint has been made late and there is no good reason to consider it now. The issues raised also relate to court proceedings which are outside the Ombudsman remit.

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Investigator's decision on behalf of the Ombudsman