Summary: We will not investigate this complaint about the Council’s response to complaints Mrs X has raised about a local site. This is because the complaint is late and there is no good reason to exercise discretion to investigate. We will also not investigate the Council’s decision to restrict Mrs X’s communication with it. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mrs X complained the Council has failed to properly investigate or take enforcement action regarding concerns she has raised about a local site. She also complained the Council has restricted her communication with it.

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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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), section 34(B))

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How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X has been complaining to the Council regarding activities taking place at a local site for several years. She has also complained that the Council has deemed her a vexatious complainant and restricted her communication with it.
8. The Council has responded to Mrs X with details of the site visits it carried out and the laws which govern the site, confirming it has not found evidence further action is necessary. It has informed Mrs X that some of the matters she has raised are criminal matters and should be referred to the police.
9. The Council has confirmed it considers Mrs X’s communication with it on these matters to be excessive. It has therefore restricted her ability to communicate with it and has assigned her a single point of contact in line with its vexatious complainant’s policy. It reviewed this recently and upheld the decision.
10. Mrs X wants us to find the Council at fault. The Ombudsman will not exercise discretion to investigate matters that took place more than 12 months before the complainant came to us unless there are good reasons for the delay. Given the issues complained about have been ongoing for over 2 years it would have been reasonable for Mrs X to complain to us much sooner. There is no evidence these matters have caused Mrs X an ongoing significant personal injustice. There is therefore no good reason to exercise discretion to investigate.
11. With regards to the Council’s decision to restrict Mrs X’s contact; the evidence shows the Council has provided Mrs X with reasons for its decision and has carried out an annual review of the decision in line with its policy. An investigation into this part of the complaint would be unlikely to result in finding fault with the Council’s actions.

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Final decision

12. We will not investigate Mrs X’s complaint because parts of the complaint are late and there is no good reason to exercise discretion to investigate. An investigation into the remaining parts would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman