Summary: We will not investigate this complaint about contaminated land. The complaint is late and there is no good reason why Ms X could not have approached us sooner.

The complaint

1. Ms X complains work by Council contractors on contaminated land is breaching health and safety regulations and has exposed her and her family to harmful contaminants.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X first had concerns about health and safety risks related to land near her house in July 2023. She said she was concerned that work by Council contractors in June 2023 had disturbed contaminated land and increased her risk of exposure to harmful contaminants.
6. We will not investigate this complaint as it is late. The time for receiving complaints is from when the person became aware of the matter they wish to complain about. Ms X had concerns about this matter in July 2023 but only brought her complaint to us in December 2024. This complaint is late and I can see no good reason why Ms X could not have complained to us sooner.

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Final decision

7. We will not investigate Ms X’s complaint because the complaint is late and there is no good reason to investigate now.

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Investigator's decision on behalf of the Ombudsman