The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s building control advice because it is out of time with no good reason to exercise discretion.
The complaint
Mr X complains he incurred costs following the Council’s building control advice in 2011. He says his neighbour did not have to carry out the same work on a similar development. He is also unhappy with the Council’s complaint handling.
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) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint about building control advice given in 2011 is out on time and I see no good reason to exercise discretion.
Mr X’s complaint about the Council’s enforcement action on a neighbouring development is also out on time and I see no good reason to exercise discretion. Mr X reported a breach in 2023 and the Council granted retrospective planning permission in 2024.
It is not a proportionate use of our resources to investigate the Council’s recent complaint handling when we are not investigating the substantive issues.
Final decision
We will not investigate Mr X’s complaint because it is out of time.
Investigator's decision on behalf of the Ombudsman