The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about lack of enforcement action on surface water drainage. This is because the complaint is late.
The complaint
Mr X complains about the Council’s decision not to take enforcement action following flooding to his home. He says the flooding is a result of breached planning conditions for surface water drainage. Mr X says this has caused him distress and financial loss.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about these matters in 2023. He received a final response from the Council in September 2023.
I will not investigate this complaint because it is late. Mr X could have complained sooner and there is no good reason to investigate now.
Final decision
We will not investigate Mr X’s complaint because it is a late complaint, and it could have been raised sooner.
Investigator's decision on behalf of the Ombudsman