Summary: We will not investigate this complaint that the Council has unlawfully altered primary anti-social behaviour legislation. It is reasonable to expect the complainant to have contacted us sooner.

The complaint

1. Mr X complains the Council has unlawfully altered primary legislation about the definition of anti‑social behaviour (ASB).

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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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council, which included related complaint correspondence. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The time restriction detailed in paragraph 3 above applies to Mr X’s complaint. This is because I understand the Council adopted its ASB definition in 2014, and Mr X raised concerns and requested information from the Council about this in mid-2023. The Information Commissioner also reached a decision on a related complaint by Mr X in September 2024. Yet Mr X did not contact the Ombudsman until January 2026.
6. I see no good reasons to exercise discretion to consider this late complaint now, so the Ombudsman will not start an investigation.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable to expect him to have contacted us sooner.

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Investigator's decision on behalf of the Ombudsman