Summary: The Ombudsman will not investigate this complaint about how the Council has dealt with antisocial behaviour. Some of the issues are too old and the Council has now placed the matter in the jurisdiction of the courts so we could achieve no useful outcome.

The complaint

1. The complainant, who I refer to here as Ms B, has complained about how the Council has dealt with antisocial behaviour issues which go back to 2007. More recently, the Council sent Ms B a community protection warning notice which she says is unfair.

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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 provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely further investigation will lead to a worthwhile outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I have considered what Ms B said in her complaint and background information provided by the Council. Ms B commented on a draft before I made this decision.

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What I found

6. It is evident there have been issues between Ms B and some of her neighbours for several years. I see no exceptional reason we should look at any matters that are more than 12 months old.
7. Further, I do not consider investigation of the more recent issues is appropriate as it would not provide a worthwhile outcome.
8. By serving a community protection warning notice under the Anti-social Behaviour, Crime and Policing Act 2014 the Council has now placed these issues in a legal process.
9. The community protection warning notice requires Ms B to stop certain actions. If she does not do so, the Council may serve a community protection notice. It would be a criminal offence to breach the requirements of the notice.
10. There is a right of appeal against a community protection notice to a magistrates’ court. The grounds for appeal include that the conduct specified in the community protection notice:

• did not take place,
• has not had a detrimental effect on the quality of life of those in the locality,
• has not been of a persistent or continuing nature,
• is not unreasonable, or
• is conduct that the person receiving the notice cannot reasonably be expected to control or affect.

11. I consider investigation by us would not provide a worthwhile outcome. The central issues could be considered by a court either in an appeal against a notice or in a prosecution for a breach of a notice. Ms B could raise any issues of concern about how the Council issued the notice in an appeal. We should not make a decision about something a court might later need to decide.

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Final decision

12. I have decided we will not investigate this complaint for the reasons given in paragraphs 6 and 11.

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Investigator's decision on behalf of the Ombudsman