Summary: Mrs X complained about the Council’s failure to build a boundary wall in 2016 according to a legal agreement which was part of a compulsory purchase order. She suffered anti-social behaviour in 2018 which she says could have been prevented had the wall been higher. The Ombudsman will not exercise his discretion to investigate this complaint which was received outside the normal 12-month period.

The complaint

1. The complainant, whom I shall call Mrs X, complains that the Council did not build a wall to the height which was agreed in a legal undertaking in 2016. She says anti-social behaviour which took place later may have been reduced by a higher wall.

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The Ombudsman’s role and powers

2. 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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I have considered all the information which Mrs X submitted with her complaint. I have also considered the Council’s response and Mrs X has been given an opportunity to comment on the draft decision.

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What I found

5. Mrs X agreed to a compulsory purchase order relating to some of her land as part of a road improvement scheme in 2016. The scheme included rebuilding a front boundary wall. Mrs X says the wall was built too low and this caused her problems in 2018. She complained to the Council and it says the wall was built to the terms of a legal agreement in 2016. She did not complain when the wall was being constructed or after it had been completed. The Council says the wall was built to match the original wall height and any anti-social behaviour is a separate criminal matter not related to the original wall height.
6. The Ombudsman cannot normally investigate complaints about matters which the complainant was aware of more than 12 months before they complained to us. The wall was completed in 2016. We will not exercise discretion to consider this case because it concerns the terms of a legal agreement and Mrs X would need to seek legal advice to challenge any breach.

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Final decision

7. The Ombudsman will not exercise his discretion to investigate this complaint which was received outside the normal 12-month period.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman