Summary: We will not investigate Mr X’s complaint about antisocial behaviour and environmental concerns in his area. Part of the complaint is late. There is insufficient evidence of fault in the Council’s recent actions to warrant an investigation.

The complaint

1. Mr X complains the Council has failed to act to address antisocial behaviour and environmental concerns in his area. He says the matter is causing distress. He wants the Council to act to address his concerns.

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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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says the Council has failed to address his concerns over several years and conditions have not improved in his area since he previously approached us in 2015. We will not consider the Council’s actions before 2024. We do not have records of a complaint from Mr X in 2015 about the Council’s actions. In any case, even if we did investigate in 2015, this complaint was considered and decided at that time, and we cannot consider it again.
8. Any complaint about the Council’s actions between 2015 and 2024 is late. If Mr X was unhappy with the Council’s actions before 2024, he could have brought this to us sooner.
9. In its recent complaint response, the Council sets out actions it has taken to address antisocial behaviour and environmental concerns in his area since 2024. This included installing CCTV cameras, increased monitoring by enforcement officers, daily visits by street sweepers, issuing legal notices to businesses regarding commercial waste offences and issuing over 100 fixed penalty notices for a variety of antisocial behaviour, highways and environmental offences. It said it would continue to take action and to work with residents to improve Mr X’s area.
10. We will not investigate this complaint as there is insufficient evidence of fault. The Council appears to be taking appropriate action to reduce antisocial behaviour and address the issues in Mr X’s area. Although I appreciate Mr X wants the Council to do more, it is for the Council to decide what actions to take and how to distribute its resources. We could not require it to increase its enforcement visits or take further action as Mr X wishes. There is insufficient evidence of fault to warrant an investigation.

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Final decision

11. We will not investigate Mr X’s complaint because part of the complaint is late and there is insufficient evidence of fault in the Council’s recent actions to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman