Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his application for an additional market pitch. The complaint lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider this late complaint now.

The complaint

1. The complainant, Mr X, complains about the Council’s decision in early 2023, to refuse his application for an additional market pitch. Mr X says the Council has discriminated against him in making its decision.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X complains about the Council’s decision in April 2023, to refuse his application for an additional market pitch.
8. The Council said traders were informed in July 2022, following a consultation process, that applications would not be granted for additional pitches for certain commodity groups due to over-saturation. Mr X’s application was refused in line with this. The Council said its July 2022 decision was further confirmed in an email it sent to market traders in December 2022. It also confirmed that no additional pitches had been granted to traders in the same commodity group since the restriction has been in place.
9. We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Mr X was clearly aware of the Council’s decision well over 12 months ago and I see no good grounds to exercise discretion to consider this late complaint now.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because it lies outside our jurisdiction and there are no good grounds to exercise discretion to consider it.

Back to top

Investigator's decision on behalf of the Ombudsman