Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to take action over a blocked drain. 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 complained about the Council’s failure to respond to his complaints about a blocked drain near his home since March 2024 when he first complained. He says the water utility company advised him to contact the Council but it has taken no action. He says he has been disturbed by smells in the area for years and wants the Council to clear the source.

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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)

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How I considered this complaint

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

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My assessment

5. Mr X says he reported blocked drain in his area following months of foul smells in warm weather. He says he reported the drain to the Council in 2023 and was advised to contact the water utility company Thames Water. They inspected and jetted the drain but advised him to contact the Council because it could be a problem with a blocked gully grid in the road. He contacted the Council in March 2024 and says, despite repeat complaints, he has never had a satisfactory response.
6. We will not investigate this complaint which was received outside the normal 12-month period for accepting complaints. It was reasonable for Mr X to complain to us earlier when he did not receive a response from the Council to his complaint. There are no good reasons for us to investigate this late complaint now.
7. 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.

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Final decision

8. We will not exercise discretion to investigate this complaint about the Council’s failure to take action over a blocked drain. 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.

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Investigator's decision on behalf of the Ombudsman