Summary: We will not investigate this complaint about the Council’s failure to review a neighbourhood plan following the outcome of a judicial review in 2017. The complaint is made too late, and we have seen no reason to exercise discretion on this point.

The complaint

1. Ms X complains the Council:
• failed to take account of a High Court ruling against it
• failed to advise District Councillors or carry out a review
• failed to advise the parish council and planning applicants of the conflict; and
• failed to give correct advice to the County Council.

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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 Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complains the Council failed to carry out a review which she says was implied by a judicial review judgement.
7. The judgement was issued in 2017, and Ms X was fully aware of this at the time.

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Final decision

8. We will not investigate Ms X’s complaint because she has been aware of the matter she is complaining about for more than six years. The complaint is late and there is no reason why she could not have complained to us much sooner.

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Investigator's decision on behalf of the Ombudsman