The Ombudsman's final decision
Summary: We will not investigate Mr X complaint about the Council’s response to his neighbour’s antisocial behaviour. The Complaint is late. We will also not investigate Mr X’s complaint about discrimination by the Council. There is insufficient evidence of fault to justify investigating.
The complaint
Mr X complains the Council failed to take action against antisocial behaviour by his neighbour. Mr X also complains the Council has discriminated against him.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2023 Mr X reported antisocial behaviour to the Council. He says his neighbour has been drilling long screws through his fence causing injury and property damage. Mr X says the neighbour has made threats towards him and has a CCTV camera recording his driveway.
The Council investigated but did not feel the neighbour’s actions were antisocial behaviour. The Council advised Mr X to report matters such property damage and threats of violence to the police.
We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mr X has been aware of the matters he complains of since 2023 but did not complain to the Ombudsman until 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.
Mr X also complains the Council have discriminated against him after being bribed by his neighbour. I have seen no evidence to support this. We will not investigate this part of Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.
Final decision
We will not investigate Mr X’s complaint. The complaint is late and there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman