London Borough of Southwark (21 015 889)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 04 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to properly consult with residents when making a Tree Preservation Order in 2016. This is because the events happened too long ago, and I see no good reason to exercise discretion and investigate them now.
The complaint
- The complainant, who I will call Ms X, complains that the Council failed to properly consult with her when it made a Tree Preservation Order (TPO) in 2016. Ms X also complains that the Council breached her data privacy.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
- The complainant had the opportunity to comment on my draft decision. I considered their comments before making a final decision.
My assessment
- I will not investigate Ms X’s complaint because the events happened too long ago, and I see no reason to exercise discretion and investigate them now. It may be that Ms X only became aware of the TPO being in place in 2020. However, she received a final complaint response from the Council advising her that she could escalate her complaint to the Ombudsman, but she did not do so for more than a year. I see no valid reason why she could not have done so sooner.
- If Ms X feels the Council has breached her data privacy, then she should raise this matter with the Information Commissioner who it best place to deal with complaints about data protection issues.
Final decision
- We will not investigate this complaint. This is because the events happened too long ago.
Investigator's decision on behalf of the Ombudsman