Inexperience and concerns about cost makes some council legal departments reluctant to start proceedings in neighbour nuisance and anti-social behaviour order (ASBO) cases, a report by the Local Government Ombudsmen claimed last week.

The ombudsmen found that the problem was acute in areas where few ASBOs and injunctions had been applied for, with legal departments unwilling to act even where housing and environmental health departments urged some form of action.


The report stated: 'While we recognise that legal departments are there to advise, it is important that the frontline department's client role and its capacity to instruct the legal department to take action on its behalf are not neglected.'


The ombudsmen acknowledged that councils should take account of robust advice given in cases where there is little prospect of success. It also called for early involvement of legal advisers in any case where court action might be contemplated.


But the LGO report prompted an angry response from local government lawyers.


Maria Memoli, chairwoman of Solicitors in Local Government and solicitor at Kennet District Council in Wiltshire, said: '[The report] is to be treated lightly because there are too many generalisations and the criticism is not justified.


'I would therefore invite the ombudsmen to publicly withdraw such criticism, or provide specific evidence as to their comments, particularly as the courts tend to use ASBOs as a remedy of last resort.'


Ms Memoli added: 'It is evident the ombudsmen have not approached Solicitors in Local Government for their views on the report. Likewise there is no evidence that they have sought advice or consultation from the courts or the judiciary, which is a shame because the report could have had a different emphasis.'