Summary: Mrs X complains the Council sent her a warning that she could be issued with Community Protection Notice for anti-social behaviour. The Council is not at fault.

The complaint

1. Mrs X complains the Council sent her an anti-social behaviour warning about objects she was storing on her land. Mrs X says the warning caused her significant stress.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

4. I have considered:
• all the information Mrs X provided and discussed the complaint with her;
• the Council’s response to Mrs X’s complaint and the written warning it sent her;
• relevant law and guidance
5. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Relevant law and guidance

6. The Anti-Social Behaviour, Crime and Policing Act 2014 sets out what constitutes anti-social behaviour:
• “conduct that has caused or is likely to cause, harassment, alarm or distress to any person”;
• “conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises”; and
• “conduct capable of causing housing-related nuisance or annoyance to any person”.
7. Section 43 of the act says councils can issue a Community Protection Notice (CPN) to a person if:
• their behaviour is having a negative effect of a ‘persistent or continuing nature’ on the lives of those living nearby; and
• the behaviour is unreasonable.
8. A CPN requires the person to take steps to stop the negative effect stemming from the anti-social behaviour. If the person does not comply with the CPN, they are liable for a £2,500 fine.
9. Councils can only issue CPNs if they have sent a written warning to the person responsible first.
10. Once a CPN is issued, the person can appeal it in the Magistrates’ Court within 21 days.

What happened

11. Mrs X’s property had two fences next to each other with a small space in between. Mrs X says she owns both fences. Mrs X used the space to store some of her belongings, which she padlocked to one of the fences.
12. In summer 2019, Mrs X says her neighbour removed the other fence. This meant the neighbour could see the items Mrs X was storing.
13. The neighbour found the items unsightly and reported their concerns to the Council. A Council officer visited the property and took photographs of the items in January 2020.
14. The Council issued Mrs X with a written warning which confirmed it found her decision to store the objects against the fence was sufficient to meet the requirements for a CPN. The warning said if Mrs X did not remove the objects the Council would issue a CPN and if she failed to comply with it, she would be liable for a £2,500 fine.
15. Mrs X was unhappy she received the warning and complained to the Council. She said the Council had failed to consider whether it was fair to issue the warning when the reason the items were visible was because her neighbour illegally removed the fence.

Findings

16. The Ombudsman cannot question a Council’s decision where it has followed the correct process. The Council officer considered relevant information and used their professional judgement to decide Mrs X’s actions warranted a warning. The Council followed the correct procedure and is therefore not at fault.
17. Mrs X has a private dispute with her neighbour over the removal of the fence. These are civil matters and not for the Ombudsman.
18. If Mrs X does not remove the objects and the Council issues a CPN, Mrs X can appeal its decision in court. The Court can make judgements on whether the Council was right to issue the CPN and warning.

Back to top

Final decision

19. I have completed my investigation. I have not found evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman