Summary: X complained that planning decisions made by the Council more than three decades ago are evidence that shows bias in favour of their neighbour. We will not investigate this complaint further, because the matters complained about occurred long before our 12-month time limit on investigations. There is no evidence that persuades us to use our discretion to go back beyond this limit.

The complaint

1. The person that complained to us will be referred to as X.
2. X complained about decisions its planning department made more than three decades ago.
3. X believes these decisions form part of the evidence that shows the Council acted with bias in favour of their neighbour.

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The Ombudsman’s role and powers

4. 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

5. I read the complaint and discussed it with X. I read the Council’s response to the complaint and considered details of planning decisions held on its planning files.
6. I have given the Council and X an opportunity to comment on my draft decision and will take account of any comments I receive.

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What I found

7. The planning decisions were made over three decades ago.
8. Our powers are subject to time limits. We do not normally investigate matters unless they are brought to our attention within 12-months from when events occurred or the complainant could have known about them. We have discretion to investigate matters that happened before this limit but would need a good reason to do so.
9. We should not investigate late complaints or complaints that relate to matters that occurred long ago, unless:
• we are confident that there is a realistic prospect of reaching a sound, fair, and meaningful decision, and
• we are satisfied that the complainant could not reasonably be expected to have complained sooner.
10. X said the planning decisions indicate the Council acted with bias in favour of their neighbour. The events happened long ago, and X could have brought any concerns they had about the decisions to our attention much sooner.
11. Also, as the events happened so long ago, it is unlikely that I could carry out a meaningful investigation to determine how or why the decisions were made. This is because the officers who were involved (if they are still available for interview and good records still exist) are unlikely to have clear recollections of what happened.
12. I will not investigate this complaint further, because the complaint is late and I have seen no good reason to exercise my discretion to investigate further.

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Decision

13. The complaint is late because it was not brought to our attention within our 12‑month time limit, and I have seen no good reason to investigate these matters now.

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Investigator's decision on behalf of the Ombudsman