The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action against an outbuilding. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is late and there are no good reasons to exercise discretion.
The complaint
Mr X complains: the Council’s decision that his neighbour’s outbuilding is permitted development. He also complaints the Council failed to acknowledge the neighbour did not consider amenity, protected trees, and local laws.
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 provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because from the information we have seen it is clear he has been aware of the matters surrounding his complaint for more that two years. The Council final response which refers to his right to approach the Ombudsman is dated March 2022. His complaint is therefore late, and we have seen no reason why Mr X could not have complained to us much sooner.
Investigator's decision on behalf of the Ombudsman