Summary: We will not investigate this complaint about a historic planning enforcement case from 8 years ago that was considered by the courts. This is because we should not consider late complaints that relate to events the complainant was aware of more than 12 months ago. We cannot consider matters already considered by the courts.

The complaint

1. Ms X complained about how the Council handled a planning enforcement case. She said the Council lied in court. She said the Council’s actions caused her partner to lose his business and have left her with massive costs.

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The Ombudsman’s role and powers

2. 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)
3. 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)

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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. Ms X’s complaint relates to a historic enforcement case from 8 years ago. Ms X said that although it is historic, she is complaining about a matter that only came to light 2 weeks ago. There is insufficient evidence to persuade me to exercise my discretion. Therefore, I will not look at this complaint as it is late.
7. Ms X also refers to court action in relation to her complaint. The law says we cannot consider matters that have been considered by the courts.

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Final decision

8. We will not investigate Ms X’s complaint because it relates to events from 8 years ago and the courts have already considered the substantive issue.

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Investigator's decision on behalf of the Ombudsman