The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council wrongly led Mr X to believe his van had been stolen in 2017. This is because the complaint is made late and there are not good reasons to investigate now.
The complaint
Mr X complains the Council failed to properly advise him in 2017 that it had towed his vehicle. Mr X believed his van had been stolen and as his paperwork was in his van, he decided to change the locks at his home. Mr X made an insurance claim for this and says that since then he has paid greatly increased insurance premiums. Mr X wants the Council to compensate him for this. Mr X also complains about how the Council dealt with his complaint about this.
The Ombudsman’s role and powers
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) The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
While Mr X was aware his insurance costs increased after this incident, it was not until 2021 that he enquired with his insurance company as to why.
I consider Mr X’s complaint is made late to us as he knew about the price increases several years ago. That he only enquired into this in 2021 does not provide good reason for us to investigate now.
Ultimately it was Mr X’s choice to have his locks changed and it is unlikely we could hold the Council responsible for this.
The Council has offered Mr X £200 in recognition of issues with its complaint handling. We cannot add to this.
For these reasons, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is made late and there are not good reasons to investigate now. The Council has offered a payment in respect of its complaint handling, and we cannot add to this.
Investigator's decision on behalf of the Ombudsman