The Ombudsman's final decision
Summary: We will not investigate Mrs X‘s complaint about planning enforcement by the Council. The complaint is late, and there is no good reason to exercise discretion to consider it now.
The complaint
Mrs X said the Council failed to take account of the effect on neighbours of large industrial air-conditioning units. She said it also failed to enforce a condition relating to landscaping. She said this means her house is overlooked by windows.
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 the complainant, and the Ombudsman’s Assessment Code.
My assessment
A complaint is late if a person takes more than 12 months since becoming aware of a matter to contact us. We may exercise discretion to investigate if the person was unable to complain to us sooner. That a person might only recently have complained to the Council does not affect that. Mrs X was aware of both matters she now complains of in 2023. She has already contacted her MP and sought legal advice. She could thus also have approached us sooner.
Final decision
We will not investigate Mrs X’s complaint because it is late and there is no good reason to exercise discretion to consider the matters complained of now.
Investigator's decision on behalf of the Ombudsman