Summary: We will not investigate this complaint about the actions of Trading Standards Officers. The complaint is late, and we have seen no good reason to exercise discretion in this case.

The complaint

1. The complainant, I shall call Miss X complaints the Council’s Trading Standards officers have failed to act on her complaints about breaches of animal welfare regulations.

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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 Miss X including the Council’s response to her complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X’s complaint relates to an event occurring in 2021, when an alpaca was removed from her property by officers of the Animal and Plant Health Agency.
7. The law says a complaint must be made to the Ombudsman within twelve months of the complainant being aware of the issue. Not within twelve months of the complaint being made to the Council. Miss X’s complaint concerns an event which occurred 2 years ago, it is therefore late.
   
   Final decision
8. We will not investigate Miss X’s complaint because it is late, and I have seen no reason to exercise discretion in this case.
   Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman