Summary: We will not investigate this complaint about the Council’s decision to issue Mrs X with a community protection warning letter. There is no evidence to suggest Mrs X has suffered a significant injustice which would warrant our involvement. In any case, there is no worthwhile outcome achievable by us investigating.

The complaint

1. Mrs X complained the Council issued her with a Community Protection Warning (CPW) letter.
2. Mrs X said the Council should not have issued it because she was immune from receiving it.

Back to top

The Ombudsman’s role and powers

3. 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:

• any injustice is not significant enough to justify our involvement, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mrs X complained the Council issued her with a CPW letter. Mrs X said case-law means she is immune from receiving the CPW letter.
7. The Council said it issued Mrs X with the CPW letter due to ongoing matters between Mrs X and others. It said it believed this was justified because it was concerned about anti-social behaviour (ASB).
8. Councils have a general duty to tackle ASB which can take many different forms; and when someone reports a problem, councils should decide which of their powers is most suitable. In this case, the Council chose to issue CPW letters.
9. We will not normally investigate a complaint unless there is good reason to believe the complainant has suffered significant personal injustice, amounting to serious loss, or harm, or distress as a direct result of the actions or inactions of the Council. I am not satisfied Mrs X has suffered a significant injustice because of the Council issuing the CPW letter.
10. Additionally, Mrs X’s desired outcome to the complaint is for the Council to rescind the CPW letter. This is not something the Ombudsman can tell the Council to do and therefore there is no worthwhile outcome to us investigating. For these reasons, we will not investigate this complaint.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint because she has not suffered a significant injustice and there is no worthwhile outcome to us investigating.

Back to top

Investigator's decision on behalf of the Ombudsman