Summary: The Council is at fault for its failure to respond to Mr X’s concerns of anti-social behaviour, safety risks and poor security at an empty property close to his home. Poor communication and a lack of complaint response added to his frustration. The Council should apologise to Mr X and pay him a symbolic financial remedy to acknowledge his frustration and it should monitor the enforcement action it has now taken.

The complaint

1. Mr X complained the Council failed to take action in response to concerns he raised about anti-social behaviour, poor security and safety risks in a derelict building and grounds close to his home. He also complained communication from the Council was poor and it did not provide a response to his complaint.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
3. 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’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

5. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Relevant Law and Guidance

7. Councils have a general duty to tackle anti-social behaviour (ASB). But ASB can take many different forms; and when someone reports a problem, councils should decide which of their powers is most suitable.
8. For example, they may approach a complaint using their powers under the Anti-social Behaviour, Crime and Policing Act 2014.
9. The 2014 Act introduced six powers for agencies involved in tackling ASB. These are:

• the power to issue a community protection notice (CPN);
• the power to make a public spaces protection order (PSPO);
• the power to close premises for a set length of time;
• a civil injunction (a court order, which a council, or other agencies, can apply for);
• a criminal behaviour order (a court order made following a conviction); and
• the power for the police to disperse people from a specified area.

10. Section 215 of the Town & Country Planning Act 1990 gives councils the power, in certain circumstances, to issue a Notice requiring land to be cleaned up when its condition adversely affects the amenity of the area. The use of s215 notices by councils is discretionary so it is up to the council to decide whether it is appropriate to serve a notice in a particular case.

The Council’s Complaints Procedure

11. The Council’s complaints procedure says it will acknowledge a formal complaint within five working days and provide a full response within a further 15 working days.

What happened

12. Mr X first contacted the Council in 2023 with concerns about anti-social behaviour and overgrown foliage causing a safety risk in a derelict building and grounds close to his home.
13. In February 2024 he told the Council there was ongoing anti-social behaviour at the property and overgrown foliage from the site had started to obstruct the pavement at the perimeter. Mr X said his understanding from previous contact with the Council was that it would issue a Section 215 notice.
14. In August and September 2024 Mr X contacted the Council to request an update. The Council told Mr X an officer would contact him at the end of September but he heard nothing.
15. In October 2024 Mr X contacted the Council twice to ask for an update on any planned actions. The Council did not respond.
16. In November 2024 Mr X told the Council there were increasing problems at the site as many of the fencing panels were damaged.
17. In December 2024 Mr X made a complaint to us. We advised him he needed to complain to the Council using its complaints process before we could investigate.
18. In March 2025 Mr X made a complaint to the Council. Mr X:
• Sent photographs of the site.
• Said the site continued to attract anti-social behaviour and the overgrown woodland impacted the safety of a public footpath around the building.
• Said he believed the Council should issue a Section 215 notice to ensure the owners secured the site and cut back the vegetation.
19. In July 2025 Mr X requested an update in response to his complaint. The Council advised him the officer he had previously spoken with was not at work and there was nobody else who could assist him. It did not provide a complaint response.
20. Mr X contacted the Council again in October 2025 but received no response.
21. In response to our enquiries the Council said it faced significant problems with staffing. It said it now had staff in place but the team had a backlog of complaints.
22. The Council visited the site in March 2026.
23. The Council said the owner carried out clearance works and increased security at the site in April 2026. It said there had been a further incident of people attempting to access the site and another fence panel needed to be replaced.
24. Mr X has expressed concern the steps taken are ineffective.
25. The Council said it will continue to engage with the owner of the site to ensure compliance with enforcement action.

Findings

26. Between February 2024 and March 2026 there is no evidence the Council considered whether it should take enforcement action. It is not possible to say what decision the Council would have made had it considered its duties or discretionary powers, but to not consider this is fault and caused Mr X frustration and uncertainty. The Council said the reason for the lack of action was a shortage of staff and demands on the Council over a prolonged period of time.
27. The Council did not respond to Mr X’s contacts. This lack of communication over a long period of time is fault which caused Mr X frustration.
28. In March 2026 the Council visited the site and in April 2026 the owners took action to improve the security of the site. The Council has now taken enforcement action and says it will continue to monitor the site. This remedies part of the injustice to Mr X. The Council will need to continue to monitor the site to know whether the action has been effective.
29. Mr X made a formal complaint to the Council in March 2025. He received an email from planning enforcement to advise him there was nobody who could assist him. The Council did not follow its complaints procedure and did not provide a response to his complaint. This is fault which added to Mr X’s frustration.

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Agreed Action

30. Within one month of the final decision, the Council has agreed to:
• Apologise to Mr X and pay him £100 to acknowledge the frustration and uncertainty caused by its failure to respond to his concerns or complaint over an extended period of time. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Provide Mr X with the details of a Council officer or the appropriate team to contact should he have any future concerns about anti-social behaviour, safety and security at the site.
• Revisit the site to monitor the effectiveness of the enforcement action it has taken and to consider what, if any further action is necessary.
31. Within two months of the final decision the Council has agreed to provide a briefing to staff in the planning enforcement team to ensure they are aware of the corporate complaints procedure and follow the correct processes when they receive a complaint.
32. The Council should provide us with evidence it has complied with the above actions.

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Decision

33. I find fault causing injustice for which I have recommended a remedy.

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Investigator's decision on behalf of the Ombudsman