The Ombudsman's final decision
Summary: We will not investigate this complaint about events occurring more than ten years ago. The matters complained about are historic and we cannot achieve the outcome the complainant is seeking.
The complaint
Ms X complains the Council withheld information. She says had she been in receipt of the information a previous Ombudsman decision would have found in her favour.
Ms X wants compensation for the loss of her business premises and family home.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about the action of its building control department more than ten years ago. She says she has recently received information which affects decisions made by the Council and the Ombudsman at the time.
The Council decided not to consider the complaint because it was about matters which were over ten years old and it considered the matter closed.
I appreciate Ms X says she has recently received information. However, I cannot see there is a realistic prospect of us being able to carry out a full and fair investigation and reach a reliable and sound view on the matters complained about now given the significant passage of time since the events complained about. Changes in staff, policies, guidance and legislation would also impact our ability to carry out a meaningful investigation.
Even if the complaint were in time we could not decide whether the Council is liable for Ms X’s financial loss. Determining liability and negligence are matters for the courts to decide.
Final decision
We will not investigate Ms X’s complaint because the matters complained about are historic and we cannot achieve the outcome she is seeking..
Investigator's decision on behalf of the Ombudsman