Summary: We will not investigate this complaint about the Council’s decision to issue the complainant a community protection notice for anti-social behaviour, or with respect to later matters. This is because the complainant could reasonably have exercised his right of appeal if he disagreed with the notice. There is no evidence the complainant has complained to the Council about matters subsequent to this and so these would be premature for us to investigate.

The complaint

1. The complainant (Mr X) complains the Council acted improperly by encouraging his neighbours to report perceived incidents of anti-social behaviour against him, including monitoring his whereabouts and when he leaves the house. Mr X also complained to the Council about its decision to issue him a Community Protection Notice (CPN) in 2022 for anti-social behaviour.
2. In summary, Mr X says the alleged fault has resulted in him feeling continuously watched in his area of residency which has adversely impacted his mental health and the trust he has in the Council. As a desired outcome, Mr X wants disciplinary action to be taken against those in the Council responsible for the alledged fault.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6).
4. 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

5. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. Councils and the police can issue CPN to prevent anti-social behaviour which is unreasonable and having a negative effect on the community's quality of life. A CPN requires the behaviour to stop and, where appropriate, require the recipient to take reasonable steps to stop it happening again. Not complying is an offence and may result in a fine or a fixed penalty notice.
7. Councils must issue a written warning in advance of a CPN. The council should decide how long after the written warning to wait before serving a CPN. A person can appeal a CPN in the magistrates' court within 21 days of receiving it if they disagree with the council’s decision.
8. The Council issued Mr X with a CPN in 2022. The evidence shows he complained to the Council about this and that he was informed of his right of appeal against the CPN. Mr X did not appeal and there is no evidence he has made further complaints to the Council since this time. We have no legal jurisdiction to investigate any matter concerning the CPN because it would have been reasonable for Mr X to exercise his right of appeal if he disagreed with this. There is no evidence in favour of us exercising our discretion to investigate.
9. Separately, I recognise Mr X has raised concerns with respect to the Council encouraging his neighbours to report anti-social behavioural related incidents. If Mr X has a new complaint which is unrelated to the CPN, he would need to first complain to the Council and exhaust its internal complaints policy and procedure before raising these issues with us. There is no evidence to suggest Mr X has complained to the Council about any new issues. It has therefore not had a reasonable opportunity to investigate these and as such we will not investigate.

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Final decision

10. We will not investigate this complaint. This is because the restrictions I outline at paragraphs three and four (above) apply.

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Investigator's decision on behalf of the Ombudsman