The Ombudsman's final decision
Summary: We will not investigate this complaint about licensing because it is late without good reason to exercise discretion to investigate it now.
The complaint
Mr Y complained the Council has failed to stop a trader using a very old van for their work, which leads to Mr Y being able to smell the van’s exhaust from his home.
Mr Y is concerned about the fumes entering his home, particularly as he has a young child.
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 Mr Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y first complained to the Council about the trader’s van in 2021. He then complained again in 2023. The Council confirmed that the trader had been fined several times, and the matter had been referred to its legal department to consider legal proceedings. It agreed to continue to monitor the location and would take enforcement action where it felt appropriate. Mr Y later contacted us in April 2025.
Analysis Mr Y has been aware of his reason to complain about the Council’s actions, or lack of since 2023, if not earlier in 2021 when he originally complained about the issue.
The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late.
Consequently, Mr Y’s complaint is now late. We cannot investigate late complaints unless we decide there are good reasons. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons.
Mr Y has not provided any good reasons why he did not bring the complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner, particularly as he contacted the Council about it both in 2021, when we would have expected him to come to us, and in 2023. As he was able to contact the Council about the matter, it is reasonable to expect that he could have approached us at that time. Consequently, there is insufficient good reason for us to exercise discretion to disapply the rule in paragraph four. We will therefore not investigate this late complaint.
Final decision
We will not investigate Mr Y’s complaint because it is late without good reason to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman