Summary: We will not investigate a complaint about the Council’s decision in 2018, not to take enforcement action against a property development company. A complaint about that decision is late and there are no good reasons to consider it now. Nor will we investigate a complaint about how it responded to new information about that matter, as it is unlikely we would find fault. Finally, we will not consider a complaint about a related information request. There is another body better placed to consider that complaint.

The complaint

1. X complained because the Council would not take enforcement action against a property development company. X said they were unhappy because they bought a house from the company and said it had falsely advertised the property and misled them about the leasehold on the property.
2. X said the Council’s failure left them without consumer protection.

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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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating, or there is another body better placed to consider part of this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
6. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

8. X said the Council failed to take enforcement action in line with its consumer protection duties, after they alleged a property development company mis-sold them a house.
9. I will not investigate this complaint because X raised this issue with the Council in 2017 and was aware in 2018, that the Council was taking no action. X followed this up several times with the Council since 2018 and so a complaint about that decision is late. I have not seen any good reasons why the complaint could not have been made to us sooner.
10. X also said they raised new information with the Council more recently, in late 2025, who declined to revisit its earlier decision. X complained to us shortly after that response.
11. Given those additional matters raised relate to allegations about corporate governance issues, it is unlikely we would find fault in the Council’s decision not to revisit the matter. Therefore, I will not consider this aspect of X’s complaint.
12. X also asked for information about the Council’s earlier decision not to investigate their complaint and complained to us the Council had failed to respond to this. I will not investigate this part of X’s complaint. The Information Commissioner’s Office is better placed to consider complaints about access to information.

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Final decision

13. We will not investigate X’s complaint because part of it is late and of the parts that are not late, it is unlikely we would find fault and there is another body better placed to look at a complaint about information rights.

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Investigator's decision on behalf of the Ombudsman