The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint alleging the Council failed to investigate her complaints about landlord misconduct and tenancy violations. This is because the complaint is late and there are no good reasons for why she could not have complained to us in time.
The complaint
Mrs X says the Council failed to investigate landlord misconduct and housing violations. Mrs X says she suffered unlawful eviction threats and blackmail which caused stress and health issues. Mrs X would like the Council to investigate and enforce penalties on the landlord plus award compensation.
The Ombudsman’s role and powers
We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 or not done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
According to the information Mrs X has provided, she sent several emails to the Council in 2021 and 2023. She complained about the state of her rented property, that she was being held liable for council tax for other households living in the property and that she was living in an unlicensed House of Multiple Occupation (HMO). She also mentions complaints to the Police and the tribunal service.
In 2021 the Council acknowledged her emails. In 2023 the Council said it would send someone to investigate the HMO allegation.
We will not investigate. This is because the complaint is late, caught by the time bar on Ombudsman’s powers. I would have expected Mrs X to raise her complaint to us promptly from 2021 onwards. I see no good reasons for her not being able to do this so we will not investigate.
Final decision
We will not investigate. Mrs X’s complaint because it is late and I see no good reasons she could not have complained to us within time.
Investigator's decision on behalf of the Ombudsman