Summary: We will not investigate this complaint about trading standards because it is late and there is not sufficient good reason to exercise discretion to investigate it now.

The complaint

1. Mrs Y complained the Council has failed to properly investigate her complaint about trading standards and explain its reasons for choosing not to prosecute a trader.
2. Mrs Y says she has mentally and physically suffered as a result of the issue complained about.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
7. Mrs Y’s was aware of her reason to complain about the Council’s actions when she complained about the Council’s decision and received its final response, more than 12 months before she came to us. Consequently, her complaint is now late. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Mrs Y has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect her to have complained sooner. Consequently, we will not investigate.

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Final decision

8. We will not investigate Mrs Y’s complaint because it is late and there is not sufficient good reason to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman