The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council refusing to take planning enforcement action. Mr X has known this since before 2022 and there are no good reasons the 12 month rule should not apply.
The complaint
Mr X says the Council should take enforcement action against their neighbours for increasing the height of a boundary wall.
The Ombudsman’s role and powers
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 Mr X which included the Council’s reply to him.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says his neighbours raised the common wall between them by more than a foot without planning permission. He says this has cut out much of the light and significantly reduced his view from his patio. He says this is his only private outside space. He says he was not consulted on and no planning permission was obtained. He contacted the Council and it refused to take enforcement action.
The Council says it replied to Mr X’s complaint in 2022 at stage one of its complaints’ procedure. It has recently refused to step up his complaint to stage two because more than 12 months have passed since its stage one.
We cannot investigate events known to Mr X for more than 12 months without good reasons. Here Mr X has known about the boundary wall increase for more than two years. There are no good reasons the late complaint rule should not apply.
Final decision
We will not investigate Mr X’s complaint because there are no good reasons the late complaint rule should not apply.
Investigator's decision on behalf of the Ombudsman