Birmingham City Council (25 009 037)

Category : Planning > Enforcement

Decision : Closed after initial enquiries

Decision date : 03 Nov 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about planning enforcement. This is because the complaint is late.

The complaint

  1. Mr X complains the Council failed to investigate a planning breach at a neighbour’s property.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X’s neighbour converted their loft. Mr X contacted the Council asking them to investigate the conversion. He says it did not have planning permission and overlooked his home. He also said there were security cameras overlooking his home.
  2. Mr X complains the Council failed to investigate his concerns and did not take enforcement action against the neighbour.
  3. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mr X made a formal complaint to the Council in 2022 but did not complain to the Ombudsman until 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.

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Final decision

  1. We will not investigate Mr X’s complaint. This is because the complaint is late.

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Investigator's decision on behalf of the Ombudsman

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