The Ombudsman's final decision
Summary: We will not investigate this complaint about various matters arising from the Council’s decision to serve the complainant with a Noise Abatement Order. This is because it was reasonable to expect the complainant to use his legal right to appeal against the serving of the Notice in the court and raise these matters as part of his defence.
The complaint
Mr X raises various matters arising from the Council’s decision to serve him with a Noise Abatement Order. In summary, he says the case officer is biased against him, the case evidence is inconsistent and irregular and his confidentiality has been breached.
Mr X says he is suffering great distress and that he is a victim of harassment by a neighbour
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended) We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
An abatement notice requires the person or people responsible to stop or limit the activity causing the nuisance. Failure to comply with an abatement notice is an offence, which can lead to prosecution and a fine. A person who receives an abatement notice has a right to appeal it in the magistrates’ court.
The trigger for Mr X’s complaints was the Council’s decision to serve an Abatement Order. But Mr X had a legal right to appeal against the serving of the Notice in the court. It was reasonable to expect him to use it and raise these matters as part of his defence in court. So we will not investigate any aspect of this.
With respect to the alleged breaches of the data protection act and case notes irregularities, these are matters best addressed to the Information Commissioner. I also note we considered this issue previously (21009178).
Final decision
We will not investigate Mr X’s complaint. It lies outside our remit as he had a legal of appeal in court and it was reasonable for him to use it.
Investigator's decision on behalf of the Ombudsman