Summary: The Ombudsman will not investigate Mr B’s complaint that the Council has failed to address his concerns about a homeless person’s camp near his home. This is because the injustice Mr B has suffered personally is not significant enough to justify our involvement.

The complaint

1. The complainant, whom I shall call Mr B, complained that the Council has failed to address his concerns about a homeless person’s camp near his home. Mr B told us he has felt frustrated that the Council has ignored him and his grievance, which is shared by others. He says the camp is a source of embarrassment and concern for him when friends visit or when he walks by.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered the information Mr B provided,h is comments on my draft decision and information published on the Council’s website.

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What I found

4. Mr B says the camp area has attracted rubbish, human waste, anti-social behaviour and a vast number of discarded items which occupy much of the pedestrian areas. On a number of occasions he told us he has felt distressed by the intimidating and antisocial behaviour he and close friends have endured. Mr B says this is caused, in part, by the council's failure to act more proactively.
5. Mr B complained to the Council in June 2019 and asked the Council to address the issue. He subsequently complained to us because the Council had not sent him a substantive response to his complaint. Mr B told us he has found it upsetting the Council has ignored him and made him feel his concerns are not valid. He does not consider the Council is providing value for money in return for the council tax he has paid.
6. Understandably, Mr B wanted the Council to respond to his complaint in a timely manner. But the issue prompting him to complain affects many others as well as Mr B. He has not suffered significant personal injustice over and above others living near and using the area where the camp is situated. While Mr B would like the Council to take prompt action to remove the camp, the injustice he has suffered personally is not significant enough to justify our involvement.
7. In December 2019 the Council’s Cabinet considered a proposed Homelessness and Rough Sleeping Strategy. This shows the Council is trying to address concerns about rough sleeping in its area. The proposed strategy sets out the Council’s key priorities for the next two years. It recognises the increase in rough sleeping in its area and the concentration of rough sleepers in Mr B’s locality. The report to the Cabinet summarised the work the Council has done since 2018 to address homelessness and rough sleeping. But it recognises there is still more to be done.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because the injustice Mr B has suffered personally is not significant enough to justify our involvement.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman