Summary: We will not investigate this complaint about a property extension being built over drainage because it is late without good reason to exercise discretion to investigate it now.

The complaint

1. Mr Y complained the Council allowed an extension to the property adjoining his to be built over his riparian water course. He also complained about the Council’s complaint handling.
2. Mr Y says this has blocked the drainage on his property, causing his land to flood. The issue has also he says caused him significant distress and worry.

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The Ombudsman’s role and powers

3. 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)
4. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
7. Mr Y’s was aware of his reason to complain about the Council’s actions and received a final response directing him to approach us in 2021, more than 12 months ago. Consequently, his complaint is now late.
8. We have discretion to disapply the rule outlined in paragraph three where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring the complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner. We will not investigate this complaint.
9. As we are not investigating the substantive issue, it is not a good use of public resources to investigate how the Council dealt with Mr Y’s complaint. We will not investigate this.

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Final decision

10. We will not investigate Mr Y’s complaint because it is late without good reason to exercise discretion to investigate.

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Investigator's decision on behalf of the Ombudsman