The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to follow its Derelict Properties strategy. The complaint is late and there is no reason to exercise discretion and investigate now.
The complaint
Ms X complains the Council is failing to follow the process outlined in its Derelict Properties Strategy.
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)
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
A complaint is late if a person takes more than 12 months since becoming aware of a matter to contact us. We may exercise discretion to investigate if we consider the person had good reasons for not complaining to us sooner. That a person might only recently have complained to the Council does not affect that. Ms X first complained to the Council in 2020 about the concerns she is raising. She has made multiple complaints to the Council since then. I see no reason why she could not have approached us much sooner.
Final decision
We will not investigate Ms X’s complaint because it is late and there is no good reason to exercise discretion.
Investigator's decision on behalf of the Ombudsman