Summary: We will not investigate this complaint about the Council’s action relating to trespass. This is because when considering the complaint, the Council agreed to remedy X’s injustice caused by its delays in making a decision. This is a suitable remedy for injustice. There are no wider public interest issues to justify investigating this complaint.

The complaint

1. X complained the Council had not done enough to protect them from one of its tenants. X said they had suffered abuse and the Council had not resolved an issue relating to trespass on their property.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
5. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. X complained to us in December 2025, about the Council’s inaction relating to abuse and trespass by its tenants. I will not investigate any complaints relating to the Council’s actions before December 2024. This is because, unless we see any good reasons to disregard the law I have highlighted at paragraph three, there is an expectation we only consider matters that have happened within 12 months of the time when we first receive a complaint. I have not seen any good reason why X could not have come to us sooner about those earlier matters.
9. Between June and November 2025, the Council investigated a formal complaint that X made, about the trespass on their property, by one of its tenants. During those complaint procedures, the Council accepted there had been trespass and committed to considering formal action to resolve that complaint.
10. In June 2025, at stage one of its complaint procedures, the Council said it intended to take a specific course of tenancy enforcement action. At stage two of its procedures, which was in November 2025, it said it had changed its mind about what formal action it would take. It apologised it had not explained this properly to X but told them why it believed a different course of action was likely to be more successful.
11. In June 2026, I asked the Council for an update on what it had done since November 2025. The Council said it had not yet decided on what it would do, because of staff absences. The Council then agreed to my proposal to remedy the injustice to X, caused by a service failure, in not making a decision in good time.
12. Between June and November 2025, the Council changed its mind about which course of enforcement action it decided to take. It is unlikely I would find fault about the way it approached that decision or changed its mind. And in any case, I could not direct it to take a specific course of action. Therefore, I will not investigate that decision.

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Agreed actions

13. The Council agreed that by 24 July 2026, it would apologise to X, for delaying its decision on whether it would apply for an injunction, and pay them a financial remedy of £300, as a symbolic payment, to recognise their injustice.
14. It also agreed that by 24 August 2026, it should decide on whether it will obtain an injunction, and when it makes its decision, it will write to X setting out its decision and its reasons, including any time frame for action. The Council’s letter should also set out X’s right to make a new complaint about the Council’s decision at this point, if they are unhappy with the decision.

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Final decision

15. We will not investigate X’s complaint because the Council has agreed to a suitable remedy for injustice. There are no wider public interest issues to justify investigating this complaint.

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Investigator's decision on behalf of the Ombudsman