Summary: We will not investigate this complaint about how the Council altered a park. The complaint is late and there is no good reason why it could not have been made sooner.

The complaint

1. Mr X complained about inappropriate use of a park following the Council’s alterations, misuse of the park by other people, and about the nature of an email sent by a Council officer.

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. 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 considered information provided by Mr X.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X was unhappy with several aspects of the Council’s management of his local recreation park.
6. The information provided by Mr X shows he was aware of these issues when they occurred between 2018 and 2023. Therefore, all of the issues he is concerned about happened longer than 12 months ago.
7. All of the issues are separable, and so it was reasonable to expect Mr X to have complained about each one at the time he was aware of them.
8. I have considered Mr X’s explanations for his delay in approaching us. However, I am not satisfied that this adequately explains the delay, to exercise discretion to consider his complaints.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because it is late and we have not seen enough good reason to exercise discretion.

Back to top

Investigator's decision on behalf of the Ombudsman