Summary: We will not investigate this complaint about a criminal incident involving a resident of a semi-independent accommodation facility for care leavers. The matter is subject to a criminal investigation by the Police. Mr X would have to seek a remedy by way of legal action if he believes the Council is in some way liable for the matter.

The complaint

1. Mr X complained about an incident in 2024 when he was assaulted and suffered criminal damage to his car from a resident of a neighbouring care-leavers facility established by the Council. He says the Council should pay him compensation and remove the individual responsible.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council’s responses.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he was assaulted by a resident of a care-leavers facility which is established in a private house next to his. He says that there have been previous incidents of noise nuisance, drug-taking and trespass on his property. In this incident his car was damaged and his family was threatened by the individual involved.
6. The police are currently investigating the incident and Mr X says the minor involved has pleaded guilty to assault, criminal damage and threatening behaviour. He wants the Council to remove the resident from the facility and pay him compensation for the incidents he has experienced which he says is the Council’s fault.
7. The Council told Mr X that it cannot disclose details of a Police matter and that the individual is a minor. It said it would consider whether it was appropriate to seek an alternative placement for the individual but advised Mr X that he would have to consider making a legal claim for any injustice he has suffered.
8. We cannot investigate criminal matters and if Mr X believes the Council is liable for the actions of the individual involved he would have to pursue a negligence claim. This could only be determined by the Courts if the Council does not accept liability.

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Final decision

9. We will not investigate this complaint about a criminal incident involving a resident of a semi-independent accommodation facility for care leavers. The matter is subject to a criminal investigation by the Police. Mr X would have to seek a remedy by way of legal action if he believes the Council is in some way liable for the matter.

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Investigator's decision on behalf of the Ombudsman