Summary: We will not investigate this complaint about how the Council handled Mr X’s ongoing anti-social behaviour complaint. This is because the matter has been to court and we therefore have no jurisdiction to investigate.

The complaint

1. Mr X complains about how the Council has handled his ongoing anti-social behaviour (ASB) complaint. He says this has significantly affected his wellbeing. Mr X wants the Council to provide a proportionate financial remedy and review its ASB case management procedures.

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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 a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended).

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How I considered this complaint

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

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My assessment

6. The Council started legal action against Mr X’s neighbour. The documents provided refer to court progress back in 2024 to 2026. As the Council has started legal action, we cannot investigate this complaint. This is because we cannot investigate the start of court proceedings or any matters determined by the court. This includes how the Council dealt with ASB reports as it is inextricably linked to matters considered by the courts.

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Final decision

7. We will not investigate Mr X’s complaint because the matters has been to court and we therefore have no jurisdiction to investigate.

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Investigator's decision on behalf of the Ombudsman