Middle Level Commissioners (25 022 132)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 02 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Authority’s failure to act on Mrs X’s reports of the installation of an unauthorised culvert on land opposite her home. This is because the complaint is late and we have seen no reason why Mrs X could not have contacted us much sooner.
The complaint
- Mrs X says the Authority failed to take enforcement action on the unauthorised installation of a culvert on land opposite her home. She says the permission for the culvert expired 2022 yet it was installed in 2024 without further permission being applied for. Mrs X also says the Authority failed to inspect the site and have allowed the owner not to comply with requirements.
The Ombudsman’s role and powers
- 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 an authority has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by Mrs X and the Authority.
- I considered the Ombudsman’s Assessment Code.
Final decision
- We will not investigate Mrs X’s complaint because she was aware of the installation of the culvert in 2024. She did not complain to the Ombudsman until 2026. The complaint is therefore late and we have seen no reason why she could not have contacted us much sooner.
Investigator's decision on behalf of the Ombudsman