Summary: We will not exercise discretion to investigate this complaint about the drainage board’s charges for drainage services. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the drainage boards charges since 2023 when he says he had his drainage bill adjusted due to changes on his property but was refused a refund dating back for the previous 4 years. He says the refund should be paid by the board and its charges have been unreasonable in the circumstances.

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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 an authority has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Authority.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he challenged the drainage bill for his property in 2023 because he had changed the site and believed he was paying too much compared with his neighbours. The Drainage Board agreed to amend his payments but it refused to backdate the bills for four years as he requested.
6. Mr X made a complaint in 2023 and the board concluded that it would not pay any refunds and the matter was closed. He made a formal complaint in March 2024 and told the board that he would seek a remedy from the Ombudsman if his complaint was not successful. The Board rejected his requests for a refund and closed the complaint. He did not complain to us until August 2025.
7. We will not investigate this complaint which was received outside the normal 12- month period for considering complaints. I have seen no evidence to suggest that Mr could not have complained to us sooner. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

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Final decision

8. We will not exercise discretion to investigate this complaint about the drainage board’s charges for drainage services. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman