No action could, or should, be taken, if the "departure path" is outside controlled airspace
Quite so, but think outside the narrow what is legal box for a bit: -
If it becomes a problem the location in question could use that as evidence to push for a change in the type of airspace surrounding it - I'm sure lots of PPLs would appreciate that!
Evidence of constant poor airmanship could be used by the authorities to change rules - say making mode S mandatory or tightening down on a number of legal requirements.
I would suggest a number of rule changes don't "just happen" but they happen because of constant lack of care within the rules in situations that are "totally legal"