Summary: We will not investigate this complaint about alleged incorrect planning advice. 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 we have seen no reason to investigate the concerns raised now.

The complaint

1. The complainant, I shall call Miss X, says the Council provided incorrect advice in 2019/2020 which delayed her business opening and she lost the opportunity for COVID 19 business grants available at the time.

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The Ombudsman’s role and powers

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

4. I considered information provided by Miss X.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Miss X ’s complaint because she first raised her complaint in 2020. The Council’s final response dated June 2020 gives details of her right to complain to the Ombudsman. However, Miss X did not contact us until July 2023. The complaint is therefore late ,and we have seen no reason to exercise discretion on this point.

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Investigator's decision on behalf of the Ombudsman