Summary: We will not investigate this complaint about the maintenance of a sewage treatment works. This is because the complaint is late, and it would be reasonable for Mrs X to take the matter to court.

The complaint

1. Mrs X complains the Council, has failed to properly maintain a sewage treatment works servicing her property for the last 14 years

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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 law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. The foul water from Mrs X’s property is treated at a sewage treatment works which is managed by a company on behalf of the Council. The sewage treatment works cover the foul water for several neighbouring properties.
7. The residents of properties served by the sewage treatment works are required to contribute to the maintenance costs. The Council says the works require renovation and have warned Mrs X and others they will be charged a portion of the renovation costs.
8. Mrs X complains the Council has been aware the sewage treatment works were not operating correctly for the last 14 years and that they should have better maintained the facility. She also complains of poor planning in the decision to issue a large bill instead of a monthly service charge.
9. Mrs X first raised these issues in 2017. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mrs X did not complain to the Ombudsman until 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.
10. Even if Mrs X had complained sooner, we still would not have investigated her complaint. This is because we cannot decide whether Mrs X or the Council are liable for the renovation costs. This is a matter for the courts.

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Final decision

11. We will not investigate Mrs X’s complaint because it is late, and it would be reasonable for her to ask the court to decide whether she and her neighbours are liable to pay towards the cost of renovating the sewage treatment works.

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Investigator's decision on behalf of the Ombudsman