Summary: We will not investigate this complaint that the Council reused Mr X’s request for a Tree Preservation Order. This is because the complaint is made late and there are no good reasons to investigate it now.

The complaint

1. Mr X complains that the Council refused his request for a Tree Preservation Order (TPO) in 2019. Mr X says the Council failed to provide him with a copy of its assessment at the time and cannot do so now so he is unable to challenge the decision.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

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

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My assessment

6. I will not investigate Mr X’s complaint because the issues he complains about happened more than 12 months ago and I see no good reason why he could not have complained sooner.

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Final decision

7. We will not investigate Mr X’s complaint because it is made late and there are no good reasons to investigate it now.

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Investigator's decision on behalf of the Ombudsman