Summary: We will not investigate this complaint about how the Council handled Mr X’s environmental health concerns. The complaint is late and there are no good reasons for us to exercise discretion to consider it now.

The complaint

1. Mr X complained about how the Council handled his concerns about a business. Mr X said he raised concerns about food hygiene, pest issues and an unsafe building.
2. Mr X said the matters were causing issues with his property.

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The Ombudsman’s role and powers

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 raised his concerns with the Council in October 2023. Mr X said no action was taken and therefore he raised a complaint with the Council in April 2024. The Council completed site visits around that time and wrote back to Mr X with its decision after these visits, in May 2024.
7. As outlined in paragraph three, we cannot investigate late complaints unless we decide there are good reasons for us to exercise discretion to consider it.
8. I have considered whether to exercise our discretion to investigate the complaint but have seen no good reasons to do so. Mr X was aware of the Council’s position in mid-2024 and did not complain to us until late 2025. For this reason, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because the complaint is late and there are no good reasons for us to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman