The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council charging Mrs X for the replacement of a fire door during her Right to Buy application process in 2017. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.
The complaint
Mrs X complained about the Council insisting that she had a fire door in her flat replaced during the Right to Buy process. Because the works were carried out before completion of the purchase she was charged for the door.
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
Mrs X applied to buy her social housing home in 2017. In late 2017, before the purchase process was complete, she was told that a fire door needed to be replaced as it did not comply with current fire safety requirements and all tenants and leaseholders would have to have the doors eventually replaced.
Mrs X allowed the Council’s contractor to carry out the work. She says that it was not explained to her that this would add to the purchase price because any repairs or improvements which are not of an emergency nature add to the valuation. The Council says it advised her at the time by two letters in 2017 that she could only cancel the Right to buy and apply later if she did not wish to be charged for the work. This would have likely affected the valuation of any future application.
Mrs X raised the matter with the Council at the time and she had solicitors acting for her during the Right to Buy process. She did not complain to us until July 2022 even though she was aware of the issues in 2017. There is no evidence to suggest that she could not have complained to us sooner
Final decision
We will not exercise discretion to investigate this complaint about the Council charging Mrs X for the replacement of a fire door during her Right to Buy application process in 2017. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman