Summary: We will not investigate Mr X’s complaint that he was wrongly advised by the Council in 2002 about a tree preservation order. The complaint is late.

The complaint

1. Ms X complains that it became apparent in 2015 that advice given to him by the Council in 2002 about a tree preservation order (TPO) was incorrect.
2. Mr X said that as a result, he has been denied his right to object to the TPO.

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The Ombudsman’s role and powers

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)
4. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate this complaint because:
• Mr X states he discovered in 2015 that the information he was given previously by the Council about the TPO on his tree was inaccurate and the facts had been misrepresented. This is around seven years ago. Therefore, the complaint is late and I have seen no good reason why we should exercise our discretion and investigate now; and
• even if we were to investigate and find fault, there is no outstanding injustice that would require remedying, because the Council has agreed to begin the process which will allow Mr X to object to the TPO.

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Final decision

8. We will not investigate Mr X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman