Summary: We will not investigate this complaint about the Council’s alleged failure to address Mr X’s concerns. It is too late for Mr X to complain about an Abatement Notice he received in 2022. Also, further investigation of the way the Council considered his complaint is unlikely to lead to a different outcome.

The complaint

1. Mr X complains the Council has failed to address his complaint about the conduct of an environmental health officer.

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)

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complained to the Council about the conduct of the officer involved in his case. He also complained about the decision to service him with an abatement notice and the Council’s refusal to provide him with information.
7. The Council considered his complaint under both stages of its complaint procedure. It found no evidence of fault in the way the officer dealt with Mr X. It also confirmed the officer was not required to consider alleged failing of the local mental health team and the police.
8. The Council served Mr X with an Abatement Notice concerning noise in 2022. The law says a complaint must be made to the Ombudsman within 12 months of the person becoming aware of the matter. As Mr X received the Abatement Notice in 2022 he has been aware of the matter for two years. I have seen no reason why Mr X could not have complained about this much sooner.
9. Having considered the information from Mr X and the Council we consider it unlikely that further investigation will lead to a different outcome.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because any concerns he has about the Abatement Notice are made too late. And any investigation into the actions of the officer dealing with his case is unlikely to lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman