Nuneaton & Bedworth Borough Council (23 009 523)
Category : Other Categories > Land
Decision : Closed after initial enquiries
Decision date : 23 Oct 2023
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint about the Council’s maintenance of an open space near Ms X’s home. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.
The complaint
- Ms X complained about the Council’s poor maintenance of a green space near her home. She says the contractors used by the Council do not cut back shrubs or maintain planted areas and the area has deteriorated over the past years despite the Council saying it would improve the service.
The Ombudsman’s role and powerse
- 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)
How I considered this complaint
- I considered the information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says the Council has failed to maintain a green space near her home for over two years. She has made several complaints each year about the contractor’s failure to keep the area tidy and says that the work undertaken has been minimal resulting in the site looking neglected and overgrown at times.
- Ms X says she would have complained to us over two years ago but hoped the Council would set out a timescale for improvements which did not materialise.
- We will not investigate this complaint which concerns matter which Ms X was aware of more than 12 months before complaining to us. There is no evidence to suggest that Ms X could not have complained to us sooner.
Final decision
- We will not exercise discretion to investigate this complaint about the Council’s maintenance of an open space near Ms X’s home. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman