Summary: We will not investigate this complaint about anti-social behaviour and criminal damage to Mr X’s property. The complaint relates to events which occurred over 12 months ago, and it is unlikely we would find fault with the Council’s decision not to investigate it. Additionally, Mr X has an alternative legal remedy available to him, to pursue a claim of negligence through the courts. Only the courts can decide if the Council was negligent, so it is reasonable for Mr X to take the matter to court.

The complaint

1. Mr X complains the Council is responsible for anti-social behaviour near to his home and criminal damage to his property committed by a third-party individual.
2. Mr X says this caused distress.
3. Mr X wants the Council to properly consider his complaint, review its complaint handling processes and accept liability for the damage to his property.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

7. I considered information provided by Mr X.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The 12-month period runs from the day the person affected had notice of the matters alleged in the complaint (i.e. the actions complained about).
10. I have considered whether there are good reasons for us to exercise discretion to consider Mr X's complaint. The law, explained in paragraph five, says we should not investigate late complaints. We will not investigate Mr X’s complaint because it is late, and I am not persuaded there is a basis to disapply the law to consider it now.
11. Mr X’s complaint is mainly that the organisation has been negligent. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way, at evidence as only a court can to make its findings. In addition, only a court can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
12. We will not investigate this part of Mr X’s complaint. I cannot decide whether an organisation has been negligent and have no powers to enforce an award of damages. So, I would usually expect someone in Mr X’s position to seek a remedy in the courts, directly or through his insurers. I consider it is reasonable to expect Mr X to take, or to have taken, the matter to court.

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Final decision

13. We will not investigate Mr X’s complaint because it is late, and there is an alternative legal remedy available which is reasonable for him to use.

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Investigator's decision on behalf of the Ombudsman