The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council barring him from visiting Council offices and making telephone contact. The complaint is late and there is no good reason to exercise discretion to investigate it now.
The complaint
Mr X complains the Council barred him from visiting any of their offices or making telephone contact with them.
Mr X further complains he was in the midst of a mental health crisis at the time and was coerced into signing the document agreeing to the ban.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X was barred from making telephone contact and visiting council offices in early 2017 and his ban continued for over four years.
We may investigate a late complaint if the person was unaware of the matter complained of at the time or if they have been unable to complain to us.
Mr X was aware of the ban in 2017. He says he accepted it at the time because of poor mental health. Despite this, I consider he could have complained to us much sooner without waiting for it to be lifted.
Final decision
We will not investigate Mr X’s late complaint because there is no good reason to exercise discretion to do so now.
Investigator's decision on behalf of the Ombudsman