The Ombudsman's final decision
Summary: We will not investigate Ms X complaint about the Council’s handling of reports of anti-social and criminal behaviour from a neighbour. This is because the complaint is outside the Ombudsman’s jurisdiction as there are ongoing court proceedings.
The complaint
Ms X complains about the Council’s handling of her reports of anti-social and criminal behaviour from a neighbour. She says the Council has not addressed the issue.
The Ombudsman’s role and powers
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained about anti-social behaviour from a neighbour of a property she owns. She is unhappy with the action taken by the Council to address the matter.
In response to our enquiries, the Council confirmed it had started legal proceedings against the neighbour and that court proceedings are ongoing. Therefore, the complaint is outside our jurisdiction.
Final decision
We will not investigate Ms X’s complaint because the complaint is outside the Ombudsman’s jurisdiction as there are ongoing court proceedings.
Investigator's decision on behalf of the Ombudsman