Summary: The Ombudsman will not investigate Ms X’s complaint about how the Council dealt with reports of fly-tipping. This is because the complaint is late and there are no good reasons for the Ombudsman to exercise its discretion to investigate her complaint. The rest of Ms X’s complaint is outside our jurisdiction. This is because it is about matters which have been considered in court or which are not administrative functions of the Council.

The complaint

1. Ms X complains about how the Council dealt with reports of fly-tipping at a property she ran as a business. She says the Council ignored her reports of fly-tipping. This meant her business stopped trading and the property was repossessed due to unpaid debts.

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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 cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

5. I considered Ms X’s complaint to the Ombudsman and the information she provided. I also gave Ms X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

6. The events at the heart of Ms X’s complaint date to 2014. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the particular circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are clear and compelling reasons to do so. I do not consider that to be the case here. I see no reason Ms X could not have complained much earlier, and so the exception at paragraph 2 applies to her complaint.
7. There have also been court proceedings that led to Ms Xs property being repossessed. The Ombudsman has no powers to investigate matters which have been discussed or decided in court. So, even if Ms X’s complaint was not late, this is not something we could consider.
8. As part of her complaint to the Ombudsman, Ms X also raised concerns about several issues not linked to the actions of the Council – such as the conduct of the police and traders she employed. The exception at paragraph 4 applies – these are not actions the Council was responsible for. Even if Ms X’s complaint was not late, they are not issues the Ombudsman could consider.

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Final decision

9. The Ombudsman will not investigate Ms X’s complaint. This is because the complaint is late, and we have no jurisdiction to consider many of the issues complained about.

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Investigator's decision on behalf of the Ombudsman