The Ombudsman's final decision
Summary: We will not investigate this complaint about fault by the Council in its handling of the planning process relating to the redevelopment of Mr X’s property. This is because the complaint is a late complaint and so falls outside our jurisdiction.
The complaint
Mr X complains about service failures and maladministration by the Council in its handling of the planning process relating to the redevelopment of his property over a number of years.
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’s Representative.
I considered the Ombudsman’s Assessment Code.
My assessment
The restriction highlighted at paragraph 3 applies to this complaint. Mr X has known about the issues of which he complains for a number of years and as we would reasonably have expected him to have complained to us sooner, the complaint falls outside our jurisdiction due to the passage of time and we will not investigate it.
Final decision
We will not investigate Mr X’s complaint because the complaint is a late complaint and so falls outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman