The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of past planning and licencing matters at business premises close to Ms X’s home. This is because past events fall outside our jurisdiction due to the passage of time and because any problems which may arise in the future when the currently empty premises become occupied can be the subject of a new complaint.
The complaint
Ms X complains about the Council’s handling of past planning and licencing matters at business premises close to her home. She says while the premises are currently unoccupied, she wants the Council to take action to stop it operating in the way it had previously which caused her distress and nuisance.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council in 2023 about its handling of planning and licencing matters over the years relating to the operation of business premises close to her home. The Council responded to the complaint explaining that it would not be taking enforcement action because it appeared that the site was operating within the scope of its permitted use and associated planning conditions. The premises have been closed since the summer of 2023 although there is current activity to find a new tenant.
The restriction highlighted at paragraph 3 applies to the past problems Ms X has had with the premises. As we would reasonably have expected her to have made a complaint to us about them at the time, these matters fall outside our jurisdiction due to the passage of time and will not be investigated.
The premises have been unoccupied for nearly a year. If a new tenant is found and problems arise, it will for the Council to investigate and take appropriate action. If, once the premises are occupied and Ms X is caused concern, it will be open to her to make a service request and a new complaint to the Council which it will consider based on the existing situation. If Ms X remains dissatisfied after the Council has responded to any new complaint, she can submit a further complaint to the Ombudsman. However, currently, there are no existing issues which warrant an investigation.
Final decision
We will not investigate Ms X’s complaint because past events fall outside our jurisdiction due to the passage of time and because any problems which may arise in the future when the currently empty premises become occupied can be the subject of a new complaint.
Investigator's decision on behalf of the Ombudsman