Summary: We will not investigate this complaint about the Council’s decision to issue Mr X with a Community Protection Notice. This is because Mr X has the opportunity to seek a remedy through the courts if he wishes to challenge the Notice so placing the complaint outside our jurisdiction.

The complaint

1. Mr X complains about the Council’s decision to issue him with a Community Protection Notice (CPN). He disputes the Notice and wants to clear his name.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant, including the Council’s response to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The restriction highlighted at paragraph 3 applies to Mr X’s complaint. As he has the right to take his case to court to challenge the Council’s decision to issue him with a CPN which we would reasonably expect him to do, the complaint falls outside our jurisdiction and will not be investigated.

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Final decision

7. We will not investigate Mr X’s complaint because he has the opportunity to seek a remedy through the courts if he wishes to challenge the CPN so placing the complaint outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman