The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about drainage installed in her property under a Disabled Facilities Grant. This is because the complaint has been made late, and I see no good reason why Mrs X could not have complained in time.
The complaint
Mrs X complains that a wet room in her home which was funded by the Council under a Disabled Facilities Grant (DFG) has problems with the foul drainage.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X had a wet room built in June 2018 under a DFG. Mrs X has been experiencing issues with the wet room’s foul waste drainage since 2018.
I consider Mrs X’s complaint about this matter late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mrs X has known about the issues with the wet room since 2018. I see no good reason to exercise discretion to investigate as Mrs X could have complained to the Ombudsman sooner.
Final decision
We will not investigate Mrs X’s complaint because the issues complained of are late and I see no reason why Mrs X could not have complained in time.
Investigator's decision on behalf of the Ombudsman