Summary: We will not investigate Mr X’s complaint that his property has been damaged by Council-owned trees. This is because his complaint is late and we have seen no reason why he could not have complained to us much sooner.

The complaint

1. Mr X complains the Council has failed to deal with a dangerous boundary wall at the rear of his home. He says the wall has been destabilised by tree roots growing from Council land leased to a school. He says the Council refuses to act as a responsible freeholder and refused to consider his complaint as the matter still with its property services team.

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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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In the information provided to us in support if his complaint, Mr X says he first reported the matter to the Council in 2023. Mr X did not complain to us until two years later in 2025.
7. The law says a complaint must be made to use within 12 months pf the complainant becoming aware of the matter. Not when the complaint was first raised with the Council.
8. I have seen no good reason Mr X could not have complained to us in time, if the Council was not taking the action he is seeking. The complaint is therefore late.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman