Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action against a pre-school which is using an outdoor area. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is late and we have seen no reason to exercise discretion on this point.

The complaint

1. The complainant, I shall call Mr X, complains the Council:
• Has allowed a pre-school exclusive use of a piece of land without the correct planning permission since 2002; and
• has lied and misled him.

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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 X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Mr X’s complaint because he has been aware of the reasons for his complaint for many years. The Council also told him of his right to approach the Ombudsman in 2020. He chose not to complain to us, instead pursuing other avenues to try to resolve his concerns. I therefore see no good reason to exercise discretion and investigate this late complaint.

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Investigator's decision on behalf of the Ombudsman