Summary: We will not exercise discretion to investigate this complaint about anti-social behaviour which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.

The complaint

1. Ms X has complained to us on Mrs Y’s behalf. Mrs Y complains the Council has failed to communicate with her properly concerning antisocial behaviour she had reported from neighbours, failed to investigate the reported issues and failed to address overcrowding concerns in the neighbouring property.
2. Mrs Y has suffered worry, frustration and inconvenience at not having had the issues properly investigated for several years.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

5. I considered the information Mrs Y, Ms X and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

6. While considering this complaint, we contacted Mrs Y and Ms X. Both confirmed that Mrs Y has been unhappy with antisocial behaviour and potential overcrowding for neighbour properties for several years. They also confirmed Mrs Y originally contacted the Council about the issue in 2018 or 2019. It was also confirmed that Mrs Y has been unhappy at the Council’s poor communication and progression of Mrs Y’s concerns about antisocial behaviour and overcrowding since approximately 2019, but definitely before March 2020.
7. As Mrs Y was unhappy about the Council’s service, Ms X agreed to contact the Council on her behalf in January 2021. Mrs Y contacted us in May 2021. We asked the Council to investigate the complaint before referring Mrs Y’s complaint back to us if she was unhappy.
8. Ms X confirmed to us that the Council has regularly corresponded with her since January 2021, but Mrs Y remains unhappy with the poor communication from the Council prior to this. In a visit to Mrs Y’s home in November 2021, Mrs Y confirmed to the Council that the antisocial behaviour had improved, and the Council told her that it had inspected the next-door property and had not found it to be overcrowded.

Analysis

9. Mrs Y has been aware of her reason to complain since before March 2020. However, she did not approach us until May 2021, more than 12 months after she was aware of her complaint at the latest. Her complaint is therefore late.
10. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Ms X has said that Mrs Y is elderly and did not want to be a burden. While we acknowledge this is how Mrs Y felt, she has been able to correspond with the Council about the matter and has been able to bring her complaint to us now, albeit late. This shows she was able to correspond with organisations when needed. Consequently, we would not consider these as good reasons not to have brought her complaint to us sooner.
11. Mrs Y has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect her to have brought her complaint to us sooner. Consequently, we will not investigate this complaint.

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Final decision

12. We will not exercise discretion to investigate this complaint about anti-social behaviour which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman