Summary: We will not investigate Mr X’s complaint that the Council did not properly investigate a report of fly-tipping or works to a track. This is because the complaint is late and it would have been reasonable for Mr X to complain to us sooner.

The complaint

1. Mr complains the Council did not properly investigate a report of fly-tipping or works to a track which he says blocked his access to his property and a public footpath. He says this caused damage to his property and distress.

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

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My assessment

6. Mr X says the Council did not properly investigate a report of fly-tipping in August 2023. He says his right of way and a public footpath were removed following the actions of the Council and a contractor, which caused damage to his property.
7. Mr X complained to us in November 2025, more than two years after his initial complaint to the Council. The complaint is therefore late. I have seen no good reason for the delay in bringing the complaint to us.

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Final decision

8. We will not investigate this complaint. This is because the complaint is late and it would have been reasonable for Mr X to complain to us sooner.

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Investigator's decision on behalf of the Ombudsman