Summary: We will not investigate this complaint about a delay in the Council taking enforcement action against a breach of planning control. 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 good reason to investigate it now.

The complaint

1. The complainant, whom I shall call Mr X, complains of an unreasonable delay in the Council’s assessment of a breach of planning control.

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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 it is late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. The Council made its final response to Mr X in 2021 and advised him of his right to complain to the Ombudsman. Mr X did not contact us until March 2023. Therefore, his complaint is late. I see no good reason to exercise discretion to investigate as Mr X could have complained to the Ombudsman sooner.

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Investigator's decision on behalf of the Ombudsman