Summary: We will not investigate this complaint about how the Council dealt with Mr X’s report of Japanese Knotweed spreading into his garden from a neighbouring property. This is because his complaint is made late.

The complaint

1. Mr X complains about how the Council dealt with his report of Japanese Knotweed which spreading into his garden from a neighbouring property. Mr X also complains about how the Council dealt with his complaint about these matters.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X contacted the Council about Japanese Knotweed spreading into his property form a neighbouring garden. He asked the Council to take action against his neighbour using its antisocial behaviour powers. Dissatisfied with the Council’s response, Mr X complained and received a final response in January 2024 signposting Mr X to the Ombudsman.
7. I will not investigate Mr X’s complaint. The issues he has raised go back more than 12 months and I see no good reason why he could not have raised them with the Ombudsman sooner.

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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