Summary: We will not investigate Mr X’s complaint about how the Council handled his reports of antisocial behaviour. This is because there is insufficient evidence of fault by the Council to warrant further investigation. Events before October 2024 are late and there is not a good reason for the delay in Mr X bringing them to the Ombudsman.

The complaint

1. Mr X complained the Council failed to properly address his reports of antisocial behaviour and noise from a premises near his home.
2. Mr X said this meant he was frequently unable to sleep. He wanted the Council to ensure the premises operates within its licence, controls its patrons and prevents noise late at night.

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The Ombudsman’s role and powers

3. 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)
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

Events before October 2024

7. Mr X said he has suffered the effects of antisocial behaviour (ASB) for many years, which he believes is a direct result of the Council’s failure to properly address his concerns. He also complained that defamatory information was published by a licensing sub-committee in April 2024.
8. 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.
9. We will not investigate these matters as there is no good reason for the delay in bringing them to us for consideration.

Events between October 2024 and October 2025

10. Mr X made multiple reports of ASB from a premises near his home during the above stated dates.
11. The evidence has shown the Council considered these reports and the evidence provided by Mr X; it also forwarded these to its ASB team and discussed them at ASB case conference eligibility meetings.
12. The Council also responded to Mr X’s reports of ASB and told him the level of reports and evidence he had submitted did not constitute persuasive evidence which could be presented at court to evidence a breach of legislation. Therefore, any further incidents would only be investigated if they were significantly different or substantial enough to meet legal requirements.
13. Mr X continued to make further reports of ASB to the Council which were reviewed and found to be not significant enough to warrant further action.
14. We will not investigate this issue as there is insufficient evidence of fault by the Council to warrant further investigation.

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Final decision

15. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant further investigation and any matters before October 2024 are late.

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Investigator's decision on behalf of the Ombudsman