Summary: We will not investigate this complaint about the Council’s failure to take enforcement action regarding Mr X’s reports of anti-social behaviour and its failure to make reasonable adjustments for Mr X’s disability. This is because the complaint is late and there is no good reason to exercise discretion. In addition, the Council has investigated and put forward appropriate remedies; an investigation into this matter would not lead to a different outcome for Mr X.

The complaint

1. Mr X complained that he has been reporting anti-social behaviour to the Council since 2020 and the Council has failed to take enforcement action to address it. He also complained the Council did not make reasonable adjustments to account for his disability.

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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’, 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mr X complained that he has reported anti-social behaviour to the Council since 2020 and it has failed to take proper action to address it. He was also unhappy the Council failed to communicate with him via email as he had requested.
8. The Council partially upheld the complaint and stated that whilst it had attended Mr X’s property several times to assess and stop the issues, there were times when it could have been more proactive. The Council apologised for calling Mr X instead of emailing, explaining that this was because its officers had needed to reach Mr X quickly to arrange access to his property.
9. To address Mr X’s complaint, the Council advised it would increase street patrols, create guidelines for community space, liaise with the local police, increase CCTV and introduce a waste action week.
10. Mr X remains unhappy with the Council’s actions. The Ombudsman will not investigate a complaint that the complainant has been aware of for more than 12 months. The evidence shows Mr X has been reporting these issues since 2020. It would have been reasonable for Mr X to refer the matter to us sooner. There is no good reason to exercise discretion to investigate.
11. In addition, even if we did exercise discretion to investigate, the evidence shows the Council has conceded fault and put forward proportionate remedies along with an apology. This is what we would expect the Council to do; an investigation would not lead to a different outcome for Mr X.

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Final decision

12. We will not investigate Mr X’s complaint because the complaint is late and there is no good reason to exercise discretion. In addition, the Council has investigated and put forward appropriate remedies; an investigation into this matter would not lead to a different outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman