The Ombudsman's final decision
Summary: Mr X complains about the Council’s failure to act on his complaint about overgrown tree branches made six years ago. We will not investigate as this complaint was received outside our usual 12-month time for investigating. And there is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
Mr X complains the Council failed to act on his complaint made six years ago. This concerned overgrown branches from trees on a public path causing a nuisance to his family during windy weather conditions.
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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate what happened six years ago as Mr X has made his complaint late. And I have seen nothing to suggest that Mr X could not have complained to us sooner than he has.
Final decision
I will not exercise discretion to investigate this late complaint. There is no evidence to suggest that Mr X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman