The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not withdrawing an enforcement notice in 2011. This is because the complaint is made too late.
The complaint
Ms X complains for her client, Mr Y. She says the Council should have withdrawn an enforcement notice in 2011 when it closed the enforcement case against Mr Y.
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
In 2009, the Council issued an enforcement notice against unauthorised work on Mr Y’s property. Mr Y appealed against the decision. The Planning Inspector upheld the enforcement notice requiring a wall to be lowered. However, the appeal was allowed for a sunroom.
Mr Y then put in many planning applications for the same site over the next five years. The Council granted planning permission for most of these. Mr Y appealed against the ones that were refused. The Planning Inspector allowed all but one of the appeals.
The Council confirms that in June 2011, enforcement officers assessed what works had taken place at Mr Y’s property. They noted the wall had been reduced and other work was likely to be incorporated into the works approved by the Planning Inspector. They decided it was not necessary to pursue further compliance with the enforcement notice and closed the case.
In 2022, the Council sent a letter to Mr Y concerning the condition of the property, which it considered was causing harm to the community. It also advised some of the work controlled by the enforcement notice remained on the site and the enforcement notice remained valid.
In 2023, in response to enquiries, the Council told Mr Y the period for complying with the enforcement notice had passed. It advised non-compliance can result in prosecution.
Mr Y engaged Ms X to represent him. The Council says she advised it, in 2024, that the family wanted to repair the property and sell it. The Council therefore decided to withdraw the enforcement notice.
Final decision
We will not investigate Ms X’s complaint. The law says a complaint must be made to the Ombudsman within twelve months of becoming aware of the problem. Mr Y was aware in 2011 that the enforcement notice had not been withdrawn. He was reminded of this in 2022. Ms X did not complain to us until 2025. The complaint is therefore late, and we have seen no reason why Mr Y could not have complained to us much sooner.
Investigator's decision on behalf of the Ombudsman