Summary: We will not investigate Mr X’s complaint that the Council has failed to protect a public open space. This is because the complaint is made late and I see no good reason to exercise discretion and consider it now.

The complaint

1. Mr X complains that the Council has failed to protect a public space meaning he is unable to access it.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. I will not investigate Mr X’s complaint because it is made late. Mr X has been aware of the issue since at least 2022, and I see no good reason why he could not have raised it with the Ombudsman sooner.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman