Summary: Ms X complains about the Council’s handling of matters relating to a business which operates below her flat. We will not investigate the complaint because it is a late complaint and so falls outside our jurisdiction.

The complaint

1. The complainant, who I refer to as Ms X, complains about the Council’s response to issues arising from the operation of a business situated below her flat. She says its failures allowed a change of use to take place and as a result her amenity has been significantly impacted.

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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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. I gave Ms X the opportunity to comment on my draft decision and considered what she said.

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My assessment

8. The restriction highlighted at paragraph 3 applies to Ms X’s complaint. She complained to the Council about the matters the subject of her complaint and received its decision and a sign posting to our office in May 2020. As we would reasonably have expected Ms X to have complained to us sooner, the complaint is late and so falls outside our jurisdiction.
9. Ms X says she has more current concerns about the Council’s response to enforcement issues and about a planning application which has recently been submitted by the business. It is open to Ms X to make a formal complaint to the Council about recent matters and if, at the end of the Council’s complaints procedure, she remains dissatisfied, she can complain again to the Ombudsman.
10. In responding to my draft decision, Ms X says she was late submitting her complaint to us as she had been told by the Council not to contact us during the pandemic. The Council correctly told Ms X in May 2020 that we had temporarily suspended our casework which required information or action from local authorities but this suspension was lifted at the end of June 2020.
11. Ms X says her issues remain unresolved and the operation of the business causes a nuisance. It is open to Ms X to complain to the Council about any nuisance she is currently experiencing. She is concerned about the outcome of a pending planning application submitted by the business but an investigation by the Ombudsman cannot affect the outcome of this application which will be decided by the Council on its merits. Ms X’s comments on the application can be made following usual planning procedures.

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Final decision

12. We will not investigate this complaint. This is because it is a late complaint and so falls outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman