Summary: We will not investigate Mr X’s complaint about the Council’s failure to take enforcement action against breaches of planning control in the village where he lives. The complaint is late and we have seen no reason why Mr X could not have contacted us much sooner.

The complaint

1. Mr X says the Council failed to take enforcement action against breaches of planning control at a site in his village. He says this has been going on for three years. And it has exposed him and other road users to highway safety risks.
2. Mr X also complains the Council refused to consider his complaint under stage two of its complaint procedure.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 considered information provided by Mr X and information on the Council’s website.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mr X’s complaint because it is late. The law says a complaint must be made to us within one year of the complainant being aware of the matter. Mr X says the lack of enforcement action has continued for at least three years. Therefore, his complaint is late. We have seen no reason why Mr X could not have complained to use much sooner.

8. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Investigator's decision on behalf of the Ombudsman