The Ombudsman's final decision
Summary: We will not investigate this complaint about enforcement action by bailiffs because the complaint is late without good reason to exercise discretion to investigate it now.
The complaint
Mr Y complained that bailiffs, acting on behalf of the Council, clamped his work vehicle, forcing him to pay £624 for an unpaid Penalty Charge Notice, in order to have the clamp removed despite this being against the law. He is also unhappy with the Council’s failure to respond to his complaint.
Mr Y says the issues have caused him distress and disruption to his work and he felt under duress to pay the £624.
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 Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
The incident Mr Y has complained of happened in March 2024. He complained to the Council in November 2024, before approaching us in May 2025.
The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
Mr Y’s was aware of his reason to complain about the Council’s actions when bailiffs clamped his vehicle in March 2024, more than 12 months ago.
Consequently, the complaint is now late.
We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring his complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner.
We will not investigate this late complaint as there is not good reason to exercise discretion to do so now.
Final decision
We will not investigate Mr Y’s complaint because the complaint is late without good reason to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman