Summary: We will not investigate Mr X’s complaint about the Council’s refusal to get involved in issues with his property flooding due to development next door in 1988. This complaint is late and there are no good reasons why it could not have been brought to us sooner.

The complaint

1. Mr X complains the Council granted planning permission in 1988 to develop land next to his home, which he believes damaged drainage systems underneath. Mr X says this damage has since caused internal flooding in his property and that the Council has a responsibility to resolve this.

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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)
3. We investigate 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 continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X says he has previously raised concerns about flooding at his home with the Council in 2000 and 2023. Mr X believes these issues have been caused by the development of land next door. Mr X says the Council should never have granted permission for development of the site in 1988.
7. The Council has explained it is too late for it to consider Mr X’s concerns about planning permission it granted nearly 40 years ago. It has also told him that issues regarding drainage are usually building regulation matters which carry a 10-year time limit for enforcement. The Council has advised Mr X the issues of flooding of his home and his belief this is being caused by his neighbours’ property are civil legal matters he would need to pursue privately. The Council suggested Mr X may wish to seek independent legal advice about the matter.
8. We usually expect people to complain to us within 12 months of the events they are complaining about. Mr X has been aware of these issues since at least 2000. Any concerns Mr X continues to have about the Council’s handling that occurred more than 12 months prior to bringing his complaint to us are now late. We can exercise discretion to consider late complaints if there is good reason to do so. I have not enquired whether there is a good reason, because even if we investigated it is unlikely we could achieve the outcomes Mr X is seeking.

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Final decision

9. We will not investigate Mr X’s complaint because it is late and we are unlikely to achieve the desired outcome.

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Investigator's decision on behalf of the Ombudsman