Summary: We will not investigate this complaint about the Council’s alleged failure to address anti-social behaviour Mr X complained about. This is because the complaint concerns events which took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now.

The complaint

1. Mr X complained the Council did not act quickly enough to address anti-social and criminal behaviour when he complained about it.

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The Ombudsman’s role and powers

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

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2020 a tenant moved into Mr X’s building and began exhibiting threatening and criminal behaviour.
7. Mr X complained to the Council in February 2022, and provided diary logs recording incidents involving the other tenant. He continued to make regular complaints over the following months regarding the tenant’s behaviour and the impact it was having on him and his neighbours.
8. The Council issued a warning letter to the tenant in May 22 following police involvement and a notice to terminate the tenancy shortly afterwards. The antisocial behaviour continued and so the Council referred the matter to its legal department and began the process of evicting the tenant. The Council also offered Mr X emergency accommodation, which he declined several times.
9. In July 2022, temporary accommodation was found for Mr X and the tenant surrendered his tenancy at around the same time. Mr X brought the complaint to the Ombudsman because he remained unhappy with the Council’s response to his complaint.
10. The Ombudsman will not usually exercise discretion to investigate events that took place more than 12 months prior to the complainant becoming aware of them, unless there are good reasons to do so. The evidence indicates this matter has been ongoing for several years. It would have been reasonable for Mr X to bring this complaint to us sooner. Further, as Mr X and the tenant have both since left the property, an investigation would be unlikely to achieve anything further for Mr X.

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Final decision

11. We will not investigate Mr X’s complaint because the complaint concerns events which took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now.

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Investigator's decision on behalf of the Ombudsman