Summary: We will not investigate this complaint about the actions of enforcement officers working for the Council’s environmental services. This is because the complaint is made late and there is no good reason to exercise discretion and consider it now.

The complaint

1. Mr X complains about the actions and conduct of enforcement officers working for the Councils environmental services after they visited his business in April 2021.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions 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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Enforcement officers visited Mr X’s business in April 2021. He asked the Ombudsman to consider a complaint about their actions and conduct in March 2022, but we told him he would first need to complain to the Council then come back to us when he has either received a final response or if no response was received within 12 weeks.
7. I will not investigate Mr X’s complaint because it is made late. The issues he raises happened nearly three years ago. Mr X says the Council has not responded to his complaint. However, if that is the case he should have contacted the Ombudsman 12 weeks after we wrote to him in March 2022.

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Final decision

8. We will not investigate Mr X’s complaint because it is made late.

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Investigator's decision on behalf of the Ombudsman