Gateshead Metropolitan Borough Council (24 022 323)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 18 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council conducted an anti-social behaviour review. That is because the complaint is late.
The complaint
- Mr X complained the Council did not hold an anti-social behaviour (ASB) case review despite him meeting the criteria. He said the Council then did not follow its procedure after it held an ASB case review. He said that led to a deterioration in his mental health and resulted in him having to relocate. Mr X wants an apology and for the Council to offer a gesture of goodwill.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council held Mr X’s ASB case review in January 2024. The Council issued a final response to his complaint in July 2024. This letter directed Mr X to the Ombudsman and set out the need to complain to us within 12 months of being aware of the matter. Mr X did not complain to us until March 2025. Therefore, his complaint about the conduct of the ASB review meeting, and the Council’s handling of any ASB before this date is late. There is no good reason to exercise discretion to consider these matters now.
- In any event, even if the complaints were not late, we would not investigate. In the Council’s response to Mr X’s complaint, it accepted it did not have clear procedures in place for managing ASB review meetings. It apologised for this. It said it had agreed a new procedure as of March 2024, informed in part through Mr X’s feedback. It also apologised for any deficiencies of its attending officer. It explained it was not responsible for the actions of officers from other organisations.
- Although Mr X is unhappy with this response, the Council has apologised and taken corrective action. That remedies any injustice caused. Further investigation would not lead to a different outcome.
Final decision
- We will not investigate Mr X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman