Summary: Ms X complains the Council was biased against her while investigating anti-social behaviour allegations. The matters complained of are inextricably linked to the consideration of court proceedings and so it is not appropriate for the Ombudsman to investigate this matter. The Ombudsman’s general discretion will be exercised to discontinue the investigation.

The complaint

1. Ms X complains that a Council officer, involved in investigating anti-social behaviour allegations, was biased against her, and has wrongly involved herself in a private legal matter between Ms X and a contractor.
2. Ms X says she has suffered anxiety and distress as a result of the actions of the Council.

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The Ombudsman’s role and powers

3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant;
• made enquiries of the Council and considered the comments and documents the Council provided;
• discussed the issues with the complainant;
• sent my draft decision to both the Council and the complainant and invited their comments.

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What I found

5. Ms X is an owner occupier and had a poor relationship with her previous next-door neighbours, Mr and Mrs B. There is a long and involved history of allegations and counter-allegations involving anti-social behaviour (ASB) by both parties. The Council was investigating the ASB and was considering what would be the appropriate action for it to take. It was considering issuing an injunction against Ms X.
6. In 2018, Ms X engaged contractors to carry out landscaping works to her garden. In December 2018, the contractor left the job and never returned. Ms X was unhappy with this action and so began making posts on social media about the contractors. The Council saw these social media posts during its ASB investigation and contacted the contractors as potential witnesses.
7. Ultimately, Ms X took private civil action against the contractors. As part of this private action, Ms X was provided with copies of email communications between the Council and the contractors. Ms X says the nature and frequency of the communications shows an unprofessional relationship and that the Council was biased against her.
8. The Council says that after it contacted the contractors, they reported that they were victims of harassment by Ms X. The Council says it then treated the contractors as victims and not witnesses. It says this explains why there was such frequent and detailed communication about the progress of the ASB case.
9. The Council took barrister’s advice and decided there was not enough evidence to seek an injunction against Ms X. It decided the appropriate action would be to issue a Community Protection Warning (CPW) to Ms X. The CPW only referred to Ms X’s behaviour in respect of Mr and Mrs B.

Analysis

10. The Council’s contact with the contractors was in connection with its ASB investigation and gathering evidence. The Council was considering starting court proceedings and its legal advisers were involved. Our enquiries into Ms X’s complaint show that her complaint is inextricably linked to the Council’s consideration of the commencement of legal proceedings.
11. I am not persuaded that this is appropriate territory for an Ombudsman’s investigation. The Ombudsman’s role is to investigate the administrative duties and actions of the Council, not the evidence it obtains and evaluates when considering the commencement of court action. I am therefore exercising the Ombudsman’s general discretion to discontinue the investigation. In reaching this decision I am not taking a view on whether there was fault in this case.

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Final decision

12. I will now discontinue the investigation.

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Investigator's decision on behalf of the Ombudsman