Summary: Mr X complains the Council has allowed him to be the victim of anti-social behaviour. And it has made him a scapegoat for malicious allegations. The Ombudsman cannot investigate Mr X’s complaint as he is involved in active legal proceedings.

The complaint

1. Mr X complains he has been the victim of targeted, collective and persistent harassment since 2015. And the Council has made him a scapegoat; there have been malicious allegations supporting an interim injunction against him since July 2017. He also complains the Council has:
• ignored his community trigger requests
• ignored his complaints
• not set a date for the injunction hearing
• rely on neighbours to provoke him; and
• failed to complete his right to buy application

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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 a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
4. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

5. I considered the information provided by Mr X and the Council.

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What I found

6. Mr X is the subject of an interim court injunction issued in 2017 for anti-social behaviour.
7. The Council has confirmed an interim injunction remains in place and the case is listed for a 3-day trial in August where Mr X may put his case to the court.
8. The proceedings also include a counterclaim by Mr X which include allegations about the way the Council has dealt with his complaints.

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Final decision

9. The Ombudsman cannot consider this complaint as Mr X and the Council are engaged in court action.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman