Summary: We will not investigate this complaint about brick dust from the demolition of buildings in 1997. This is because this is a late complaint and it was open to Ms X to complaint at the time if she was unhappy with the Council’s actions.

The complaint

1. Ms X complains the Council failed to act when significant amount of dust was released into the air following the demolition of buildings near where she used to live in 1997. Ms X says the Council should be prosecuted for criminal negligence.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The events complained of took place in 1997. Therefore, this is a late complaint. We have discretion to set aside this restriction where we decide there are good reasons to do so. However, Ms X was aware of the issue at the time and it was open to her to raise a complaint if she was unhappy with the actions of the Council. Therefore, we will not investigate this complaint.
6. Ms X says the police are able to investigate historic offences. This may be true but the police and Crown Prosecution Service are not subject to the same restrictions as the Ombudsman and do not work under the same legislation and so this is not a valid comparison to make.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman