Chesterfield Borough Council (22 016 586)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 08 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council issuing Mr X’s family with a community protection notice. This is because an investigation would not lead to a different outcome.
The complaint
- Mr X complains about the Council issuing his family with a community protection notice over a boundary dispute between a neighbour. He says this was despite the Council providing him with advice that they could park where they were parking.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X was involved with a boundary dispute with his neighbour over the parking of their cars. The Council originally told Mr X that he could park where he was parking. However, the Council later issued Mr X with a community protection notice (CPN) over his parking.
- During its complaint investigation, the Council accepted it provided incorrect advice to Mr X regarding where he could park and provided confirmation of where Mr X was legally allowed to park. The Council apologised for this. The Council also cancelled the CPNs that were issued to Mr X.
- An investigation is not justified as it would not lead to a different outcome. This is because the Council has already recognised it provided incorrect information to Mr X and accepted this likely added to the dispute over the boundary. The Council has also cancelled the CPNs, and an investigation would not lead to any further recommendations.
Final decision
- We will not investigate Mr X’s complaint because an investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman