Summary: We will not investigate this complaint about the installation of a telegraph pole and the Council’s complaint handling. This is because part of the complaint is late and there are no good reasons to exercise discretion to investigate it now.

The complaint

1. Mrs X complains the Council ignored her letters and emails about her concerns about a telegraph pole. She says it impacts the character of her street, and the situation caused her stress and frustration. Mrs X wants the Council to respond to her questions and give her an explanation for its lack of action.

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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.

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)

3. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained to the Council about the installation of a telegraph pole near her home.
7. We will not investigate Mrs X’s complaint because it is late. Mrs X became aware of the issue in 2022 when she began to request information from the Council. We expect a person to complain to us within 12 months of being aware of a matter. Therefore, this complaint is late, and I see no good reason why she could not have complained sooner.
8. Even if it was not late, we would not investigate. This is because the Council explained to Mrs X, the telecoms company and its planning officers had followed the correct process for the planning application. It said once the installation was completed this aspect of her complaint was a matter for the telecoms company and the Office of Communications (OFCOM). Therefore, there is another body better placed to consider her complaint.
9. Mrs X complained about the Council’s communication and complaint handling. The Council has now responded and apologised to Mrs X. We consider this is a suitable remedy to this part of her complaint.
10. We will not investigate this complaint. It is not a good use of public resources to investigate complaints about complaint handling, if we are unable to deal with the substantive issue.

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Final decision

We will not investigate Mrs X’s complaint because part of the complaint is late and there are no good reasons to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman