Summary: We will not investigate this complaint about the Council’s handling of planning and enforcement matters related to the removal of a planning condition. It is reasonable to expect the complainants to have contacted us sooner.

The complaint

1. Mr & Mrs X complain about the Council’s handling of planning and enforcement matters related to the removal of a planning condition attached to a property.

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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)

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How I considered this complaint

4. I considered information provided by Mr & Mrs X, as well as the Ombudsman’s Assessment Code.

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My assessment

5. The time restriction detailed in paragraph 3 above appears to apply to Mr & Mrs X’s complaint. This is because the events complained about occurred significantly more than 12 months ago, and predominantly prior to 2017. I consider it reasonable to expect the complainants to have contacted us sooner, so we will not start an investigation now.
6. And even if this time restriction did not apply, we would exercise our general discretion not to investigate because any investigation would be impeded by the passage of time. We are unlikely to be able to gather sufficient evidence to reach a sound judgement, and even if some evidence is available, we would need to be particularly careful to ensure it is reliable, and provides a full picture. And in many cases, we cannot apply current standards, guidance, or professional expectations to historical situations. Given these difficulties, there is no realistic prospect of reaching a sound decision.

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Final decision

7. We will not investigate Mr & Mrs X’s complaint because it is reasonable to expect them to have contacted us sooner.

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Investigator's decision on behalf of the Ombudsman