Summary: We will not investigate this complaint about a warning notice the Council sent to X in 2023. X did not complain to us until late 2025, therefore any complaint about that is now late. I will not exercise discretion to consider the matter because I have not seen any good reasons why a complaint could not have been made to us sooner.

The complaint

1. X complained about a letter the Council sent them, where it notified them, it believed they were responsible for fly-tipping. X was unhappy because they believed the investigation to decide this was one sided. Accordingly, they said the accusation and letter outcome was unjustified. X said this meant they have a stain on their character and this has caused them 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)
4. The time for receiving complaints starts 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.

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How I considered this complaint

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

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Final decision

7. We will not investigate X’s complaint because it is late and there are no good reasons to consider it now.

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Investigator's decision on behalf of the Ombudsman