Summary: Mr X complained the Council failed to respond properly to complaints he raised about a licenced premises. We will not exercise discretion to investigate this complaint as it is more than 12 months since Mr X received a final response from the Council.

The complaint

1. Mr X complained the Council had failed to properly respond to his complaints about a licenced premises next door to his property. Mr X states this has caused him and his partner significant distress.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended)
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 the information provided by Mr X and the information provided by the Council. Mr X had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. Mr X made complaints to the Council in 2017 and 2018 about planning permission, anti-social behaviour, pavement seating and noise about the licenced premises next door.
6. The Council provided a final response to Mr X on 8 March 2019.
7. The Council recorded three further complaints from Mr X in March, May and June 2019 which it responded to. Mr X made a further noise complaint on 27 October 2020 which the Council stated it would investigate after the Covid-19 lockdown.
8. There was a premises licence review in August 2019 sought by a responsible authority.

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Analysis

9. Mr X originally made the complaint in 2018 and Council provided its final response in March 2019.
10. The restrictions outlined in paragraph 2 applies because Mr X could have sent representations about his concerns to the licence review in August 2019. Additionally, Mr X can request the Council conduct a licence review of the neighbouring property and it is reasonable that he should do that.
11. The restriction outlined in paragraph 3 applies because Mr X complains about matters which he became aware of more than 12 months ago. We have discretion to disapply this rule where we decide there are good reasons. In this case I have decided not to exercise discretion because Mr X has not provided any good reasons why he did not complain to us within 12 months and it is reasonable to expect him to complain sooner.

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Final decision

12. We will not exercise discretion to investigate this complaint. This is because the complaint is late and there are no good reasons to exercise discretion to accept it now. Mr X can ask the Council for a Licence Review and it is reasonable to expect him to request that.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman