Summary: We will not investigate this complaint about the Council’s actions following reports of breaches of Building Regulations. The complaint is late, and we have seen no good reasons to exercise discretion to investigate it now.

The complaint

1. Ms X complains the Council failed to enforce building regulations during works at a property next to hers.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms X complains the Council failed to enforce the Building Regulations following her reports of breaches of the regulations in 2021, 2022 and 2023.
7. The law says a complaint must be made to the Ombudsman within one year of the complainant becoming aware of the cause of the complaint.
8. From the information I have seen Ms X was aware of the issues raised more than 12 months ago. Therefore, this is a late complaint. We have discretion to set aside this restriction where we decide there are good reasons. In this case we have decided not to exercise discretion because it is reasonable to expect Ms X to have complained to us sooner if she was unhappy with the Council’s actions.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because it is late, and we have not seen good reasons to investigate it now.

Back to top

Investigator's decision on behalf of the Ombudsman