LGO (Local Government & Social Care Ombudsman) Other

Burnley Borough Council

22-004-808 · Other Categories › Leisure And Culture · Decision date: 26 July 2022

Full Decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about how the Council worked with a community group to create a new park. This is because the events happened too long ago and I see no reason why the complaint could not have been made sooner.

The complaint

The complainant, who I will call Mr X, complains about how the Council dealt with a community group he represents who had been awarded a grant to create a new park in the are. Mr X says the Council’s actions led to the grant being retuned and the project being cancelled. Mr X says the Council’s actions are due to institutional racism within the Council.

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 Mr X’s complaint. This is because the issues he raises happened too long ago. The events he complains about happened in early 2020. Mr X waited until 2021 before he complained to the Council, which issued its final response in September of that year. Mr X has waited a further 10 months before bringing the matter to the Ombudsman. I see no reason why he could not have done so sooner.

Final decision

We will not investigate Mr X’s complaint because the events he complains about happened too long ago and I see no good reason why he could not have complained sooner.

Investigator's decision on behalf of the Ombudsman