Summary: We will not exercise discretion to investigate this complaint about the responsibility for cables in a culvert next to Mr X’s property. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X says he has been trying to get the Council to remove a redundant electricity cable from the culvert next to his property. He says he has suffered flooding incidents since at least the1980’s and that the Council had previously said it would remove the cable.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X says the Council has refused to take any action to remove a cable from a culvert which he says has caused flooding incidents for decades.
6. The Council responded to his land said that although it may have carried out some repair works to the culvert in 1982, it has no ownership or responsibility for the site. The land is private land owned by a residents’ association and Mr X’s land is also private property.
7. We will not investigate this compalint which concerns matters which Mr X was aware of more than 12 months before he complained to us. He has submitted correspondence which shows he complained to the Council about the matter in the 1980’s. I have seen no evidence to suggest that he could not have complained to us sooner.
8. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

Back to top

Final decision

9. We will not exercise discretion to investigate this complaint about the responsibility for cables in a culvert next to Mr X’s property. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner

Back to top

Investigator's decision on behalf of the Ombudsman