Summary: We will not investigate Ms X’s complaint about the Council’s decision not to wave an unpaid land charge, and the potential impact on the renewal of her selective licence. The complaint is late and there are no good reasons to investigate the complaint now.

The complaint

1. Ms X complains the Council refuses to wave a land charge on her property. She is concerned this will affect the selective licence granted for the property.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes limits 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 Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The law says people should normally complain to us within 12 months of becoming aware of a problem. Ms X has been aware of the Council’s decision not to wave the property charge for over 12 months. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so. In the circumstances, I consider it would have been reasonable for Ms X to bring the complaint to us sooner.

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Final decision

7. We will not investigate Ms X’s complaint because it is late and there are no good reasons to investigate the complaint now.

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Investigator's decision on behalf of the Ombudsman