Summary: We will not investigate this complaint about consultation on a planning matter which took place between 2017 and 2018. This is because the complaint is a late complaint, and it is reasonable to have expected the complainants to have complained to us sooner.

The complaint

1. The complainants, who I refer to as Ms X and Mr Y, complain about consultation organised by the Council in 2017/2018 which they say was manged in an unethical and unfair manner with decisions made that have negatively impacted on their road.

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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 the complainants and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The restriction highlighted at paragraph 3 applies to this complaint because the matters complained about date back to 2017 and there are no grounds which warrant exercising discretion to investigate them now. Ms X and Mr Y could have complained to us sooner and, moreover, the Council cannot re-consult on an application that was determined some years ago.

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Final decision

7. We will not investigate Ms X’s and Mr Y’s complaint because the complaint is a late complaint, and it is reasonable to have expected the complainants to have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman