Summary: We do not propose investigating this complaint for the reasons in the assessment section below.

The complaint

1. Mrs X complains the Council has failed since 2015 to stop a neighbour operating an unlicensed food business which is ‘unhygienic’. Mrs X says over the years she has supplied the Council with evidence of the operation, but it has not taken any action. Mrs X says she rang an officer’s mobile for an out of hours service and he was not available.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

5. I have considered Mrs X’s information and comments. The information held includes the Council’s letter dated 1 February 2021 explaining its position and advising Mrs X she can complain to this office. I have considered our last decision on a complaint about lack of enforcement actions from Mrs X dated 30 April 2018 (reference 17 000 197).
6. I considered the Ombudsman’s Assessment Code.
7. The complainant now has an opportunity to comment on my draft decision. I will consider her comments and any evidence before making a final decision.

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My assessment

8. I do not propose investigating this complaint for the following reasons:
9. Our last decision in 2018 decided Mrs X had not been caused an injustice and there is no reason for us to look again at the earlier period.
10. The Council’s actions between May 2019 and December 2020 are outside the Ombudsman’s jurisdiction because Mrs X complains late. I do not propose exercising discretion to investigate because Mrs X could have returned to this office sooner.
11. There is insufficient evidence of fault or injustice in the last 12 months and investigation is not likely to achieve the outcome Mrs X wants. The Council’s letters 14 July 2020 and 1 February 2021 explain its actions. It has not found evidence of a commercial food business. The Council has inspected the property, visited many times, and checked local outlets for possible sales. It says Mrs X has not provided new information.

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Draft decision

12. Subject to any comments Mrs X might make, my provisional view is we should not investigate this complaint. The reasons are in the assessment section.

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Investigator's decision on behalf of the Ombudsman