Summary: We will not investigate this complaint that the Council failed to act when he informed it about a dangerous structure in 2022. This is because the complaint is made late and I see no good reason why Mr X could not have complained sooner.

The complaint

1. Mr X complains that the Council failed to act after he informed it of a dangerous structure. Mr X wants the Council to carry out an investigation into the structure and protect the public.

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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)

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How I considered this complaint

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

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My assessment

6. I will not investigate Mr X’s complaint. The issues he raises go back to early 2022 and Mr X’s complaint is therefore late. Mr X is aware of our service and I see no reason why he could not have complained to us about this matter sooner.

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Final decision

7. We will not investigate Mr X’s complaint because it is made late and there is no good reason to exercise discretion and investigate it now.

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Investigator's decision on behalf of the Ombudsman