Summary: We will not investigate Mr B’s complaint about changes to the boundary fencing at a local school. This is because the complaint is late and there are not good reasons to investigate the complaint now.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council has wrongly allowed a school to make changes to its boundary fencing that do not benefit from planning permission. Mr B says the changes to the fencing affect the character of the boundary treatment and make the road feel more enclosed.

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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 B. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr B first became aware of this issue several years ago. The Council sent its final response to Mr B’s complaint in July 2019. The Council told Mr B he could complain to us. Mr B complained to us in February 2022.
6. Mr B has not complained to us within 12 months of becoming aware of the issue he complains about. Also, I have not seen any information to suggest there are good reasons for Mr B’s delay making this complaint to us. So, we will not investigate this complaint.

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Final decision

7. We will not investigate Mr B’s complaint because it is late and there are not good reasons to investigate the complaint now.

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Investigator's decision on behalf of the Ombudsman