Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to take action over reported anti-social behaviour. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner. We will not investigate a complaint which carries a right of appeal to a court.

The complaint

1. Miss X complained about the Council’s failure to take action against a neighbouring business which she says is deliberately leaving a toilet door open when it is in use. She also complained about the Council issuing her with a Community Protection Notice warning and then a Notice in 2024. She says this was the result of the Council’s biassed investigation of her interaction with the neighbouring business.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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. Miss X says the Council failed to take action against a neighbouring business after she complained to it about a toilet door being left open which caused her to be able to see people using the toilet from her home. She says this was deliberate anti-social behaviour by the business owners following a previous complaint which she made about rubbish on the premises.
7. The Council investigated her complaint but when its officer visited the site the door was closed and there was insufficient evidence for it to take further action. She complained about the lack of action and the Council closed the complaint in October 2023 following her agreement to engage in mediation with the business.
8. We will not exercise discretion to investigate this complaint which relates to matters the complainant was aware of more than 12 months before she submitted a complaint to us. There is no evidence to suggest that Miss X could not have complained to us sooner.
9. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
10. The Council served a Community Protection Notice warning on Miss X in 2024 in relation to her behaviour towards the business. This was followed by a Community Protection Notice issued in September. Miss X says this was evidence of bias in favour of the business whom she says are the perpetrators of anti-social behaviour.
11. We will not investigate this complaint because it was reasonable for Miss X to challenge the Notice by way of an appeal to the Magistrates Court.

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Final decision

12. We will not exercise discretion to investigate this complaint about the Council’s failure to take action over reported anti-social behaviour. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner. We will not investigate a complaint which carries a right of appeal to a court.

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Investigator's decision on behalf of the Ombudsman