Summary: We will not investigate this complaint about the Council’s handling of a reported breach of planning control. This is because the complaint is late.

The complaint

1. Mrs X complains the Council:
• Has not taken proper enforcement action against her neighbour for a breach of planning control; and
• Did not provide a suitable response to her Freedom of Information request.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation 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 organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council says Mrs X reported the breach of planning control in 2022. Enforcement officers completed a site visit and building inspection following her report and decided not to take enforcement action.
8. Mrs X complained to the Ombudsman more than 12 months after the Council decided not to take enforcement action. Therefore, this complaint is late and I consider there is no good reason to investigate now.
9. Mrs X has not yet complained to the Council about its handling of her Freedom of Information request. I will not consider this matter as the Council has not yet had the opportunity to investigate and reply and because the Information Commissioner’s Officer is better placed to consider such complaints.

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Final decision

10. We will not investigate Mrs X’s complaint because it is late and there is no good reason to investigate now.

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Investigator's decision on behalf of the Ombudsman