will not investigate this complaint about the Council issuing a Community Protection Notice to Mr X. He has exercised his right of appeal to the Magistrates Court to challenge the notice.
The complaint
Mr X complained about the Council serving a Community Protection Notice on him following noise complaints and breaches of a previous warning letter. He says the Council acted unreasonable and will not investigate his complaint further because he has appealed.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained about the Council serving him with a Community Protection Notice. He says it didn’t give fair consideration of his point of view and that the enforcement officer victimised him.
The Council says Mr X and other residents were subject to a Good Neighbour Agreement brokered by multi-agency involvement. When this agreement was breached all the parties involved were served with Community protection warning letters to deter escalation. It says Mr X breached the terms of the warning so he alone received a Community Protection Notice.
Mr X disputes his involvement and the evidence of his social housing landlord, the Police and the Council’s enforcement officer. He has exercised his right of appeal to the Magistrates Court and a hearing is scheduled for the new year. Because of this the Council will no longer consider his complaint under the complaints procedure.
We cannot investigate a complaint where the complainant has exercised their right of appeal to a tribunal, government minister or the courts. The court will consider Mr X’s case and decide whether the notice is valid or if it should remain in force. It is not unreasonable for the Council to close the complaint investigation when the matter is subject to court proceedings.
Final decision
We will not investigate this complaint about the Council issuing a Community Protection Notice to Mr X. He has exercised his right of appeal to the Magistrates Court to challenge the notice.
Investigator's decision on behalf of the Ombudsman