Summary: We will not investigate Mr X’s complaint about the Council’s management of Japanese Knotweed on its land. The complaint is late as it has not been made within 12 months of Mr X becoming aware of the matter and there are no good grounds to exercise discretion to consider it now.

The complaint

1. Mr X complains the Council has failed to manage Japanese Knotweed on its land; adhere to its own management plan; prevent spread and take enforcement action or manage fly-tipping and environmental hazards on the land.

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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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council in December 2025, about its longstanding failure to manage Japanese Knotweed on land it owns and about the impact of this.
7. The Council told Mr X it would not consider his complaint. It explained this was because it was made about matters he has been aware of for more than 12 months. It noted a number of the issues raised related to 2019 events. The Council explained it does not investigate complaints about matters the complainant has been aware of for more than 12 months, unless it decides there are good reasons to exercise discretion to do so.
8. Mr X disagreed with the Council’s decision. He said the issue remains unresolved and ongoing and the Environment Agency is also considering the matter. Also, some key information was not disclosed until 2022 and so he could not have raised the matter sooner.
9. The Council maintained its decision not to investigate and signposted Mr X to this office.
10. We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person first becoming aware of the matter. Mr X has been aware of this matter for well over 12 months and I see no good reasons to exercise discretion to consider this late complaint now. Also, whilst Mr X says the Council only disclosed some information in 2022, he then waited a further three years before making a formal complaint. It could have been raised much sooner. We will not consider it now.

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Final decision

11. We will not investigate Mr X’s complaint because it lies outside our jurisdiction and there are no good grounds to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman