Summary: We will not investigate Mr X’s complaint about the content of a Public Spaces Protection Order because Mr X had a right to take the matter to court. We will not investigate the process by which the Council made the order because there is insufficient evidence of fault.

The complaint

1. Mr X complains about the wording of the Council’s Public Spaces Protection Order (PSPO) and the legality of the order.
2. Mr X said the matter caused him frustration and distress.

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The Ombudsman’s role and powers

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)
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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate Mr X’s complaint. Part of Mr X’s complaint to the Council was about the legality of the PSPO including the area it covered and how the order interfered with other legislation regarding harassment.
8. From the date of the order being made Mr X had six weeks to take the matter to the High Court. Parliament’s intention was for orders to be challenged in this way. It was reasonable to expect Mr X to take the matter to court if he thought the PSPO was improperly made and incongruent with the law.
9. We will not investigate the remainder of Mr X’s complaint regarding the making of the PSPO because there is insufficient evidence of fault. The process the Council followed to make the PSPO included consultations with relevant organisations and the wider public. There is insufficient fault in the process to warrant an investigation by the Ombudsman, and so we will not.

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Final decision

10. We will not investigate Mr X’s complaint in part because he had a right to take the matter to court, and because there is insufficient evidence of fault for the remainder.

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Investigator's decision on behalf of the Ombudsman