Summary: We will not investigate this complaint about trading standards because it is late with no good reason to exercise discretion to investigate it now.

The complaint

1. Mr Y complained the Council refused to investigate his trading standards complaint. Mr Y says the issue has been ongoing for a long time.

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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 Mr Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

5. 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.
6. Mr Y’s was aware of his reason to complain about the Council’s actions when the Council told him it would not investigate the issue as it was a civil matter in January 2024, more than 12 months before he approached us in February 2025. Consequently, his complaint is now late.
7. We have discretion to disapply the rule outlined in paragraph three where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner. We will not investigate.

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Final decision

8. We will not investigate Mr Y’s complaint it is late without good reason to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman