Summary: We will not investigate Mr X’s complaint that the Council has not effectively dealt with his reports, first made in 2020, about several blocked drains around the Council’s area. This is because some of his complaints are late. In addition, the alleged fault has not caused Mr X any significant injustice.

The complaint

1. Mr X complains the Council has not effectively dealt with his reports, first made in 2020, about several blocked drains around the Council's area.

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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. The Ombudsman investigates 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 an investigation if we decide any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))

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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. Mr X first reported several blocked drains to the Council in 2020. Mr X acknowledged himself that he chose not to pursue a complaint about how the Council dealt with the reports in 2020.
8. Therefore, any complaints about the Council not dealing effectively with his reports about the blocked drains in 2020 are late. We will not exercise discretion to consider these complaints as there is no good reason for why Mr X could not have complained to us about the matter earlier.
9. Mr X reported several blocked drains in September 2022. Mr X said the Council did unblock some drains but that it ignored the rest of the drains he reported. Mr X was not happy with how the Council dealt with his reports and complained.
10. We will not investigate this complaint as there is no evidence to suggest any of the blocked drains not yet repaired are affecting Mr X or his property. Therefore, the alleged fault has not caused Mr X any significant injustice.

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Final decision

11. We will not investigate Mr X’s complaint because some of the complaints are late and there are no good reasons to exercise discretion to consider the late complaint. In addition, the alleged fault has not caused him any significant injustice.

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Investigator's decision on behalf of the Ombudsman