Summary: We will not exercise discretion to investigate this complaint about the Council’s notification of a planning appeal about a children’s care home in 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

The complaint

1. Mrs X says the Council failed to inform her and other residents about a planning appeal involving the conversion of a property to a children’s home in their area in 2022. She says residents have suffered noise and disturbance since the home opened and they should have been given an opportunity to object at the appeal.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I considered the information provided by the complainant. I have also considered the Planning Inspector’s decision report on the appeal.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs X says the Council failed to inform residents of a planning appeal over its delay in determining a certificate of lawful use for conversion of a house into a children’s home. She says she believes she was denied the opportunity to object at the appeal hearing in 2022 as a result.
6. The Council accepted that it did not notify residents of the appeal but that this had no bearing on the outcome. The Planning Inspector decided that there was no requirement for planning approval so any objections or comments by residents would not have been taken into consideration. The outcome of the appeal was based on the planning process and not the material considerations of the application.
7. The Planning Inspector’s decision was issued in April 2022 and Mrs X did not complaint to us until November 2023 which is outside the 12-month period for receiving complaints. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

Back to top

Final decision

8. We will not exercise discretion to investigate this complaint about the Council’s notification of a planning appeal about a children’s care home in 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

Back to top

Investigator's decision on behalf of the Ombudsman