The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council responded when he reported fly-tipping in 2024. This is because the complaint is late, and there is no good reason to investigate now.
The complaint
Mr X complains the Council has not taken enforcement action against his neighbour for cutting down trees with Tree Preservation Orders and dumping them on his land. He wants the Council to take enforcement action against his neighbour for fly-tipping.
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 Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says his neighbour cut down trees and then dumped them on a lane providing access to his land. He complained to the Council in January 2024.
I will not investigate this complaint. It is late. I have seen no evidence to suggest Mr X could not have complained to the Ombudsman before now. Therefore, there is no good reason to exercise discretion to investigate it now.
Final decision
We will not investigate Mr X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman