Summary: We will not investigate this complaint about the Council’s prosecution of Mr X for noise nuisance. We cannot consider matters which have been or are subject to court proceedings. We will not exercise discretion to consider matters which Mr X was aware of more than 12 months before he complained to us. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council taking court action against him for statutory nuisance. He says the court did not support the Council’s prosecution and he is a victim not a perpetrator. He also complained about the Council providing witness evidence to the Police relating to a separate ongoing court action against him.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
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)

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How I considered this complaint

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

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My assessment

6. Mr X says the Council has taken action against him, including serving legal notices and seizing equipment form his home relating to noise nuisance complaints. He says this started with the Council serving a notice on him and taking him to the Magistrates Court in 2019. He says the case was dismissed but despite this, another notice was served in 2021 and a second case taken to court in 2022, again his appeal was successful.
7. The Council is currently providing witness evidence to the Police/CPS for a further court case against Mr X which is related to nuisance and the records the Council holds. He believes the actions are the result of vindictive neighbours and the Council’s own persecution of him.
8. We cannot investigate matters which have been subject to court proceedings. There is a legal process for serving notices and warrants with regard to nuisance. The court has the powers to decide a prosecution and this includes dismissing cases at appeal. The outcome of court proceedings is binding on both parties and we have no authority to investigate, regardless of the outcome.
9. Some of Mr X’s complaints relate to matters which he and his legal advisors were aware of more than 12 months before complaining to us. There is no evidence to suggest Mr X could not have complained to us sooner. Had he done so however, the statutory bar against our authority to investigate would still have applied.

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Final decision

10. We will not investigate this complaint about the Council’s prosecution of Mr X for noise nuisance. We cannot consider matters which have been or are subject to court proceedings. We will not exercise discretion to consider matters which Mr X was aware of more than 12 months before he complained to us. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman