London Borough of Waltham Forest

The Ombudsman's final decision

Summary: We will not investigate Miss X’s complaint about the Council’s refusal to look into her report of a breach of planning control. The complaint is too late and we have seen no reason Miss X could not have complained to us much sooner.

The complaint

Miss X complains the Council refuses to investigate her report of a breach of planning control or act against a breach of planning control at her neighbour’s property.

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 Miss X and the Council.

I considered the Ombudsman’s Assessment Code.

My assessment

In Miss X’s complaint to the Council she states: “In or around 2016 the then owner of [the property next to her home] carried out changes including removal of my chimney and construction of a wall that encroaches on to my property.” “I raised objections at the time and made the Council aware of the breach but [the Council] failed to take adequate action or enforce compliance.”

The law says a complaint must be made to the Ombudsman within 12 months of a person becoming aware of the problem. As Miss X was aware of the matter ten years ago, her complaint is late. We have seen no reason why Miss X could not have contacted us much sooner.

Final decision

We will not investigate Miss X’s complaint because it is made too late.

Investigator's decision on behalf of the Ombudsman