Summary: We will not investigate this complaint about the Council’s decision to issue a Community Protection warning banning the complainant from using a local community centre/library. This is because we are unlikely to find fault by the Council and achieve the outcome wanted.

The complaint

1. Mr X complains about the Council’s unfair actions towards him resulting in him being served with a Community Protection Warning.
2. He says he has been banned from using a local community centre/library and this has caused him to have a breakdown. He would like the Ombudsman to investigate and rescind the warning notice.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide we are unlikely to find evidence of fault to justify investigating and we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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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. Under the Anti-social Behaviour, Crime and Policing Act 2014 Councils have the power to issue Community Protection Notices (CPN) to prevent anti-social behaviour. CPNs require the behaviour to stop and, where appropriate, require the recipient to take reasonable steps to ensure it is not repeated. Failure to comply is an offence and may result in a fine or a fixed penalty notice.
7. A CPN can be appealed in the Magistrates' Court within 21 days by the recipient if they disagree with the council’s decision
8. Councils must issue a written warning in advance of the CPN.

9. Mr X has been issued with a written warning effective for 12 months. According to the warning notice it is for behaviour judged to cause ‘harassment, fear, alarm or distress’. He has been asked not to engage with any staff/users of the centre/library nor enter it to use the facilities.
10. I have seen information from the Council’s Community Protection team detailing several incidents involving Mr X judged to be concerning before the warning was served. The information includes details of several police call outs. (This also provides details of a previous incident in the centre/library for which Mr X was banned from entering for six months).
11. Mr X bitterly contests the Council’s reasons for serving the warning on him and says there is no evidence. He points to the Police’s decision not to charge him as corroboration that he has done nothing wrong.
12. I will not investigate as we are unlikely to find evidence of fault in the Council’s decision to serve the warning and we cannot ask the Council to rescind it. It us up to the Council to decide what weight to attach to the evidence it has relied on. Contrary to Mr X’s views, the Council does not have to have CCTV evidence, nor does he have to be successfully prosecuted by the Police before the warning can be served.
13. It is open to him to consider if he should allow the full Notice to be served. This will allow him his ‘day in court’ as it comes with a legal right to appeal in the Magistrates Court.

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Final decision

14. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault to justify investigating and achieve the outcome requested.

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Investigator's decision on behalf of the Ombudsman