Summary: We will not investigate this complaint about how the Council dealt with reports of anti-social behaviour. The complaint is late.

The complaint

1. Mr X complained about how the Council dealt with his reports of anti-social behaviour (ASB). He said he had experienced difficulties with his neighbour since 2022, but the Council had failed to resolve these. He is frustrated the Council did not issue his neighbour a Community Protection Notice (CPN) after stating it would. He said the Council’s inaction had left him feeling confused. He wants it to issue a CPN, apologise and take disciplinary action against staff involved.

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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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate Mr X’s complaint about how the Council dealt with his reports of anti-social behaviour. Firstly, part of this complaint relates to the Council’s actions from 2022. Mr X did not complain to the Ombudsman until January 2024, therefore the early parts of his complaint are late. It was reasonable for Mr X to complain to us sooner if he was unhappy with the Council’s actions.
8. After Mr X contacted us in January 2024, we asked him for some additional information so we could progress the complaint. Mr X did not respond until January 2025. If Mr X wanted to pursue this complaint with us, it was reasonable for him to respond to our request for additional information sooner. Therefore, the events of 2023 are also late.
9. In any event, even if the complaint was not late, we would not investigate. In its complaint response, the Council also set out the support it had provided Mr X, including signposting to different organisations and liaising with the Police. The Council decided not to issue a CPN to Mr X’s neighbour based on evidence it received. Instead, it decided to send an advisory notice to both Mr X and his neighbour about their behaviour. It wrote to Mr X setting out the reasons for this. There is not enough evidence of fault in how the Council dealt with Mr X’s reports of ASB to justify our involvement.

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Final decision

10. We will not investigate Mr X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman