Summary: The Ombudsman will not investigate this complaint about the Council failing to properly consider a code of conduct complaint against a councillor. This is because the complaint is late and there are no grounds to exercise discretion to consider it now.

The complaint

1. The complainant, whom I refer to as Mr B, says the Council failed to properly consider his code of conduct complaint about a councillor’s involvement in the determination of a planning application for a residential development.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I have considered:
• Mr B’s complaint to the Ombudsman;
• Details about the planning application on the Council’s website;
• The Council’s 30 June 2017 complaint response to Mr B.
4. I also gave Mr B the opportunity to comment on a draft version of this statement.

Back to top

What I found

5. The planning application was determined in December 2016. Mr B submitted a code of conduct complaint about the councilor’s involvement in the application, and the Council provided its response in June 2017. Yet Mr B did not contact the Ombudsman about the Council’s decision until September 2019. I see no reasons why Mr B was prevented from complaining to us sooner. So, with reference to paragraph 2 above, I do not consider the Ombudsman should exercise discretion to consider this late complaint now.

Back to top

Final decision

6. The Ombudsman will not investigate Mr B’s complaint. This is because he did not contact us within 12 months of receiving the Council’s decision on his code of conduct complaint, and I see no grounds to exercise discretion to consider the matter now.

Back to top

Investigator's decision on behalf of the Ombudsman