The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X’s claims that the Council is breaking numerous laws. This is because past matters are outside our jurisdiction due to the passage of time and with regard to more recent matters there is no evidence to suggest fault by the Council sufficient to warrant an investigation.
The complaint
Mr X complains the Council is breaking numerous laws, including planning laws, violating human rights, wasting people’s time, refusing to perform its duties under the environmental laws, perpetuating disorder and ruining West Yorkshire.
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 a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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 not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has a long history of complaining to the Council about various planning and environmental health issues. It has responded to his complaints and we have considered complaints from him in the past. We will not revisit matters we have previously considered or matters which are late and so fall outside our jurisdiction due to the passage of time.
In responding to Mr X’s most recent complaint, the Council set out the case history since 2018. It found no grounds to uphold his complaint and referred to the Vexatious Warning letter sent to him due to the volume and nature of his contact.
We do not investigate every complaint we receive and Mr X’s complaint does not meet the tests set out in our Assessment Code. There is no evidence to suggest fault by the Council and we will not investigate the complaint.
Final decision
We will not investigate Mr X’s complaint because past matters are outside our jurisdiction due to the passage of time and with regard to more recent matters there is no evidence to suggest fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman