Chichester District Council (25 027 457)
Category : Planning > Building control
Decision : Closed after initial enquiries
Decision date : 22 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the conduct of an enforcement agent in 2023. This is because part of the complaint is late. We cannot investigate court proceedings.
The complaint
- Mr X complains about the Council pursuing enforcement action in 2023 for an outstanding debt while he was disputing it. He says the Council’s claim for payment was later dismissed by a court in 2025. Mr X says the Council failed to adhere to data regulations when it gave his personal details to an enforcement agent. He also says the agent did not advise he was using a body worn camera. In Mr X’s view the Council’s complaint responses were inadequate.
The Ombudsman’s role and powers
- 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).
- We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended).
- It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
How I considered this complaint
- I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate the Council’s action to recover the debt in 2023. This is because the complaint is late and there is no good reason for this. Mr X complained to the Ombudsman in February 2026. It was reasonable to expect Mr X to complain to the Ombudsman within 12 months of becoming aware of the claimed fault.
- We cannot investigate the court proceedings in 2025 because of the restriction explained in paragraph 3. This includes the Council’s decision to take court action, and the outcome. The Council’s application was dismissed because of procedural failings on its part. However, the court did not make any finding on the merits of the application.
- We will not investigate Mr X’s complaint about inadequate complaint responses. This is because it is not proportionate to investigate complaint handling when we are not investigating the substantive matter.
Final decision
- We will not investigate Mr X’s complaint because it is late and we cannot investigate the more recent court proceedings.
Investigator's decision on behalf of the Ombudsman