Summary: We will not investigate this complaint about Council enforcement action taken against Ms X which led to it issuing her with a Community Protection Notice. This is because Ms X has, or had, appeal rights against the Notice to the Magistrates Court which we would reasonably expect her to use.

The complaint

1. The complainant, who I refer to as Ms X, complains about the enforcement action taken against her by the Council in connection with complaints of anti-social behaviour made against her by a neighbour. She says the Council has sent her numerous letters and emails and she has been caused much stress and anxiety as a result.

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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. 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

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

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My assessment

6. Following complaints made against Ms X by a neighbour, the Council investigated and decided to issue her with a Community Protection Warning letter. It followed this with a Community Protection Notice (CPN) which is a notice issued against a person deemed to be engaging in persistent anti-social behaviour.
7. CPNs set out the actions the person in receipt must comply with. The process allows for those unhappy with receiving a notice to appeal against it to the Magistrates Court.
8. The restriction highlighted at paragraph 3 applies to Ms X’s complaint because she has, or had, the right to appeal against the Notice to the Court. As we would reasonably expect her to make use of this alternative remedy, the complaint falls outside our jurisdiction and will not be investigated.
9. Ms X says she sought information in relation to her case from the Council but that it did not provide her with it. However, we normally expect such matters about data to be referred to the Information Commissioner.
10. Issues Ms X may have about the boundary and fence between her and her neighbour are civil matters between the two parties and the Council is not involved with them.

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Final decision

11. We will not investigate Ms X’s complaint because Ms X has, or had, appeal rights to the Magistrates Court which we would reasonably expect her to use.

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Investigator's decision on behalf of the Ombudsman