Summary: We will not exercise discretion to investigate this complaint about the Council’s investigation of a private kennels licensing conditions. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s failure to properly investigate his complaints about the treatment of his dog at a private kennels when it stayed there in 2022. He says the dog suffered because of poor treatment by the kennel staff and the Council’s investigation failed to find fault because it was inadequate.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council’s responses.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says his dog suffered some injury and mistreatment when it stayed at a local kennels in December 2022. He had the dog examined by a vet and complained to the Council in January 2023 about the kennel’s operations. The Council investigated the matter as a licensing investigation under the Animal Welfare Act 2006. It produced its findings in February 2023 and did not consider there was sufficient evidence of any licensing breach which it could act on.
6. Mr X made formal complaints about the matter and says the kennels solicitors were involved. He did not submit a complaint to us until December 2024 which is outside the normal 12-month period for receiving complaints.
7. 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. I have seen no evidence to suggest that Mr X could not have complained to us sooner.

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Final decision

8. We will not exercise discretion to investigate this complaint about the Council’s investigation of a private kennels licensing conditions. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman