Summary: We will not investigate Mr X’s complaint about the Council’s failure to take action against his neighbour to tidy up their property. This is because the complaint is late and the matter does not cause Mr X significant injustice.

The complaint

1. The complainant, Mr X, complains the Council has failed to take action requiring his neighbour to tidy up his property.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. 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 Ombudsman’s Assessment Code.

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Background

5. Mr X complained to the Council in 2019 that it had failed to take enforcement action against his neighbour over several years for building work which was unfinished and untidy. The Council considered the matter but did not feel formal action was warranted.
6. Mr X contacted the Council again in November 2021 complaining the situation had not changed and the Council had still not properly addressed it. The Council responded to the complaint but Mr X was not happy with its response; he therefore referred the matter to us.

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My assessment

7. Mr X was aware by 2019 and likely several years before of the issues he is complaining about now. His complaint is therefore late. While his concerns are ongoing the situation has not changed substantively since he raised the matter with the Council in 2019 and this does not therefore provide grounds to exercise our discretion to investigate now.
8. The matter also does not cause Mr X significant personal injustice. The property does not adjoin Mr X’s and while it is somewhat untidy this is not a significant injustice to Mr X or the wider public.

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Final decision

9. We will not investigate this complaint. This is because the complaint is late and the matter does not cause Mr X significant personal injustice.

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Investigator's decision on behalf of the Ombudsman