Summary: We will not exercise discretion to investigate this complaint about the Council taking court action against him for anti-social behaviour in 2023. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council taking court action against him in 2023 which led to his being imprisoned and having to sell his home at a potential loss and move from the area. He says the Council failed to take proper consideration of his mental health problems when it sought an injunction against him for anti-social behaviour.

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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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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. Mr X says the Council obtained a County Court injunction against him for anti-social behaviour in the street where he lives. He says he has a history of mental health problems and was known to the Council. He believes the action was unreasonable and it resulted in his being committed to prison and subsequently having to move from the area, selling his home at a potential loss.
7. The Council provided us with court documents and its response to his complaint which confirm that the order was obtained as long ago as 2023 for behaviour recorded in 2022-3. Mr X had an opportunity to defend his action in the court but he failed to attend the initial hearing. He was subsequently committed to prison for breaching the order in late 2023 because the injunction carried powers of arrest for any breach which he went on to commit. At a further hearing on breaches of the order he was legally represented.
8. We will not investigate this complaint because it concerns matters which took place more than 12 months before the complaint was made to us. We have some discretion to consider older complaints but in this case this would not apply. This is because the matter has been subject to court proceedings and the Ombudsman is statute-barred from investigating matters which have been before the courts.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council taking court action against him for anti-social behaviour in 2023. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman