Birmingham City Council (25 022 252)

Category : Environment and regulation > Antisocial behaviour

Decision : Closed after initial enquiries

Decision date : 10 Sep 2026

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about the Council’s handling of anti-social behaviour matters. This is because there is not enough evidence of fault by the Council.

The complaint

  1. Mr X complains about unauthorised encampments and associated anti-social behaviour on vacant land near his home. He says the Council has failed to deal with these issues effectively.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council's Policy for Managing Unauthorised Encampments sets out a multi-agency approach for managing unauthorised encampments. It involves a consideration of welfare issues, site assessments and, if appropriate, the use of enforcement powers. It recognises the Council’s response will depend on the circumstances of each case.
  2. The Council acknowledged Mr X's concerns about the encampments and associated issues on the vacant land. It explained that:
  • it removed occupants and cleared items from the site in October 2025, though it recognised some encampments have since been re-established;
  • it is working with police, housing associations, drug services and community safety teams to plan a further site clearance;
  • it is considering longer-term solutions, including clearing vegetation and opening up the site to discourage future encampments; and
  • it is considering the future use of the site, including whether it should be declared surplus and disposed of.
  1. I acknowledge Mr X is dissatisfied the problems persist. However, the evidence I have seen shows the Council has taken appropriate and proportionate steps to address the unauthorised encampments and associated anti-social behaviour. It continues to work with multiple agencies to address the issues and consider further measures. The Council's actions are consistent with its policy. Therefore, there is not enough evidence of fault to justify us investigating.

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Final decision

  1. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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