Summary: We cannot investigate this complaint about the a decision not to seek a criminal prosecution against alleged perpetrators of anti-social behaviour. This is because the issues complained about concern actions taken by the police in connection with the investigation or prevention of crime. We have no jurisdiction to investigate in these circumstances. The Council is also not responsible for the specific issues raised by the complainant.

The complaint

1. The complainant (Mr W) complains about an alleged failure by the Council to properly work in partnership with the local policing authority in relation to an anti-social behaviour (ASB) matter, as well as to adhere to agreed outcomes. In particular, Mr W has been involved in a longstanding ASB matter which concerns allegations against his neighbours which he has reported to both the Council and police. He says the police promised to seek advice from the Crown Prosecution Service (CPS) as to whether, based on the evidence gathered, the alleged ASB met the required thresholds in order to pursue a criminal prosecution.
2. In summary, Mr W says this did not happen. He says the Council has shared responsibility for the ASB matter with the police and that it also bear accountability for alleged failing to meet agreed outcomes. Mr W says the alleged failing amount to perverting the course of justice. He says this has made worse the impact of suffering from ASB and has caused him significant distress and anxiety. As a desired outcome, Mr W wants the police and Council to be held accountable for the alleged failings.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended).
4. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended).

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How I considered this complaint

5. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has a role in responding to allegations of ASB and taking action to tackle it. In particular, the Anti-social Behaviour, Crime and Policing Act 2014 created a number of specific powers for councils to exercise to respond to ASB, including the power to issue a community protection notice and to apply for a civil injunction from the courts. The Council does not however have the power to seek a criminal prosecution. Charging and prosecution decisions are the role of the police and CPS. I recognise Mr W is dissatisfied the police’s actions, however the Ombudsman has no jurisdiction to investigate any action (including decisions) taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. The Council is also not responsible for the action complained about as it was not party to the decision to not seek a criminal prosecution. I cannot therefore consider Mr W’s specific complaints on this issue.

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Final decision

7. We cannot by law investigate this complaint. This is because the issues complained about concern actions taken by the police in connection with the investigation or prevention of crime. The Council is also not responsible for the specific issues raised by the complainant.

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Investigator's decision on behalf of the Ombudsman