Summary: The Ombudsman will not investigate this complaint about allegations of harassment by the Council. This is because the courts and police are the appropriate bodies to investigate and remedy a complaint of harassment.

The complaint

1. The complainant, who I refer to as Mr X, is making a complaint about harassment by Council officers. Specifically, he says that individuals are following him and turning up at his home address which is causing him distress.

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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).
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended).

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How I considered this complaint

5. I have reviewed Mr X’s complaint to the Ombudsman and his supporting evidence. I have also had regard to the responses and other correspondence by the Council. Mr X also commented on a draft of my decision and his remarks were taken into account in reaching a final determination on this matter.

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What I found

Background

6. Harassment is both a criminal offence and a civil action under the Protection from Harassment Act 1997. This means that someone can be prosecuted in the criminal courts if they harass you. It also means you can take action against the person in the civil courts.

What happened

7. Mr X is claiming that over the course of 20 years, the Council has harassed him by interfering in most aspects of his life. This includes an allegation that the Council pay individuals to follow him and turn up at his home address. The Council has said that it does not provide any services to Mr X and so declined to respond to his complaint.

Assessment

8. By law, I cannot investigate a complaint if the complainant could reasonably take their case to court. Mr X’s complaint is that he is being harassed which is a civil offence and presents a number of legal questions. Adjudication on questions of harassment usually involves making decisions on contested questions of fact and law which need the more rigorous and structured procedures of civil litigation for their proper determination. In addition, only a court and the police can decide if someone has been harassed and what actions should be taken to remedy the matter. For these reasons, it is my view that it would be reasonable for Mr X to pursue his complaint through the courts.
9. In addition, harassment is a criminal offence and if Mr X feels a course of conduct by others is causing him distress or alarm then the police are the most appropriate body to investigate. Further, Mr X seeks a remedy to prevent the alleged harassment from continuing. Only the police and courts have the power to issue and enforce an order for harassment and I cannot therefore achieve the outcome Mr X wants.

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Final decision

10. I will not investigate this complaint. This is because the courts and police are the appropriate bodies to investigate and remedy a complaint of harassment.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman