Summary: We will not investigate this complaint about the Council’s alleged failure to properly address anti-social behaviour Miss X has experienced. This is because most of the events Miss X has complained about took place more than 12 months ago; it therefore would have been reasonable for her to bring the complaint to us sooner. Further, an investigation into the parts of the complaint which took place recently would be unlikely to result in a finding of fault.

The complaint

1. Miss X complained the Council has failed to properly address anti-social behaviour she has experienced for over 7 years.

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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 investigate 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating
  (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X complained to the Council in November 2023 about anti-social behaviour she has been experiencing involving a Council tenant for over 7 years. She also raised her unhappiness with the Council officer assigned to respond to her complaints and his conduct during a meeting that took place in August 2023.
8. The Council investigated and did not uphold her complaint. The Council’s records showed Miss X raised multiple complaints about the tenant over the years and the Council responded by investigating and issuing verbal warnings where necessary. After the tenant was made subject to a restraining order, Miss X raised a complaint about them again in November 2022, but the Council closed the case after failing to receive evidence from Miss X. With regards to the Council officer, the Council did not find fault with the officer’s actions.
9. Miss X referred her complaint to the Ombudsman as she was unhappy with the Council’s response.
10. The Ombudsman will not usually exercise discretion to investigate matters that took place more than 12 months ago unless there are good reasons to do so. Miss X has complained to the Council about this issue for several years; it would have been reasonable to bring this matter to our attention at the time.
11. The parts of the complaint which took place within the last 12 months which relate to the Council officer’s actions have been investigated by the Council and no fault found. As there is no evidence of wrongdoing on the Council’s part an investigation would be unlikely to find fault with the Council’s actions.

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Final decision

12. We will not investigate Miss X’s complaint because most of the events Miss X has complained about took place more than 12 months ago; it therefore would have been reasonable for her to bring them to us sooner. Further, an investigation into the parts of the complaint which took place recently would be unlikely to result in a finding of fault.

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Investigator's decision on behalf of the Ombudsman