Summary: We will not investigate this complaint about the Council’s handling of matters concerning storage containers sited on land close to a property owned by X. This is because the complaint is a late complaint and so falls outside our jurisdiction.

The complaint

1. X complains about the Council’s handling of matters concerning storage containers sited on land close to a property they own. They say the Council originally refused planning permission for the containers and initiated enforcement action but that in 2022 it granted permission for them. X is also concerned that hazardous substances may be stored inside them.

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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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The restriction highlighted at paragraph 3 applies to X’s complaint. They have known about the matters of which they complain since 2019 and we would reasonably have expected them to have made a complaint to us sooner. The relevant date in relation to the time restriction is when the complainant became aware of the problem and not the date a council responds to a complaint.
8. The Council addressed X’s concerns that gas cannisters might be being stored in the containers when officers visited the site and confirmed they are not and that they are being used in accordance with the conditions attached to the planning permission.

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Final decision

9. We will not investigate X’s complaint because the complaint is a late complaint and so falls outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman