The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s handling of fly tipping around the communal bins to the front of her property. The complaint lies outside our jurisdiction because it is late and there are no good reasons to exercise discretion to consider this very late complaint now.
The complaint
Miss X complains about the Council’s response to her complaint about fly tipping around the communal bins to the front of her property. Miss X raised her complaint to the Council in 2021.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X raised this complaint to the Council in 2021. The Council issued its final response to her complaint in early 2022.
We will not investigate Miss X’s complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Miss X has been aware of this matter since at least 2021 and I see no good reasons to exercise discretion to consider this very late complaint now. The outcome Miss X seeks is for the Council to take the action referred to in its 2022 complaint response. The complaint could have been made to us much sooner.
Final decision
We will not investigate Miss X’s complaint. It lies outside our jurisdiction because it is late and there are no good reasons to exercise discretion to consider it now.
Investigator's decision on behalf of the Ombudsman