Summary: We will not investigate this complaint about the Council’s level of street cleaning and weeding. This is because the complaint is late with no good reason to investigate it now.

The complaint

1. Mr Y complains the Council is not cleaning his street effectively and failing to clear dirt and weeds on the road and pavement, which has led to weeds spreading into his garden causing him extra work and trouble.
2. Mr Y feels he should have a reduction in his council tax payment as he is clearing the weeds to prevent the problem continuing and would like his invoices to the Council for the work and weedkiller to be paid.

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The Ombudsman’s role and powers

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. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

6. I considered the information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y originally complained to the Council about the street cleaning and weeding in 2011 according to a complaint response the Council sent to Mr Y in 2013. This rejected Mr Y’s request for a reduction in council tax, which he had requested because of the weeding he was doing. Within this response it specifically refers to the complaint Mr Y has now brought to us. It also referred Mr Y to our office to pursue his complaint if he wished.
8. Mr Y then wrote to the Council again in August 2021, repeating the complaint. He also said he had been in correspondence with a local councillor about the matter. He then approached us in September.
9. Mr Y’s was aware of his reason to complain about the Council’s actions when he originally complained to the Council in 2011 and when the Council responded to the complaint, significantly more than 12 months ago. Consequently, the complaint is now late. We have discretion to disapply the rule outlined in paragraph three where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring his complaint to us within 12 months of knowing about the matter. Consequently, we will not exercise discretion to investigate Mr Y’s complaint.
10. Further, if Mr Y believes he is not eligible for the council tax rate he is currently being charged, he is able to appeal this to the Valuation Tribunal. This is usually free, and adjustments can be made to allow access to this service if necessary. I therefore consider it reasonable to expect Mr Y to appeal to the Valuation Tribunal if he wishes to dispute his liability for council tax.

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Final decision

11. We will not investigate Mr Y’s complaint because the complaint is late without good reasons to investigate it now.

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Investigator's decision on behalf of the Ombudsman