The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against Mr X’s neighbours for occupying land which has no permission for residential use. This is because the complaint is late and we have seen no reason why Mr x could not have complained to us much sooner.
The complaint
Mr X complains the Council has failed to take enforcement action against his neighbours who are occupying land without planning permission.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because he confirms he has been aware of the residential use of the land for the last five years and complaining during that time. Therefore the complaint is late. The Council provide a link to the Ombudsman’s website in 2023 and I have seen no reason why Mr X could not have complained to us much sooner.
Investigator's decision on behalf of the Ombudsman