Summary: We will not investigate Mr X’s complaint about the Council’s decision not to take enforcement action against a private business because he was concerned it damaged his property. This is because the complaint is late, and I have seen no good reason it could not have been made sooner.

The complaint

1. Mr X complained the Council failed to take enforcement action against a private business for development works it completed. He said the works affected a riverbank near his home which had caused damage to his property. He wants the Council to use its enforcement powers to make the private business carry out further repair works to the riverbank.

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

Back to top

My assessment

5. Mr X complained to the Council about the actions of a private business. He said the business carried out works on a river which resulted in erosion to the riverbank near his home.
6. The Council and the private business agreed which repair works were needed to prevent further damage to Mr X’s property. The private business carried out these works.
7. After the works were completed in February 2023, Mr X complained to the Council about the standard of these works. He said they were not sufficient to prevent further damage to his property. He asked the Council to use its legal powers to force the private business to complete further repair works.
8. The Council inspected the works in March 2023 and decided it was satisfied the works met the agreed standards and it did not need to take any further action against the private business.
9. The Council told Mr X it was not responsible for the land and if he was still unhappy with the quality of the repair works, this would be a private matter between him and the business.
10. We will not investigate this complaint because it is late, and I have seen no good reason Mr X could not have complained to us sooner.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because it is late and there is no good reason it could not have been made sooner.

Back to top

Investigator's decision on behalf of the Ombudsman