The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about defects to grant-aided works carried out in 2021. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
The complaint
Miss X complained about the Council’s refusal to carry out further work to grant-aided adaptation works to her garden in 2021. She says the patio area is breaking up due to defective work and weeds are growing through it. She wants the Council to dig and re-lay the patio area.
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) We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says work done to her garden in 2021 under an adaptations grant was not carried out properly and it is deteriorating. She is a council tenant and she complained to the Council landlord in 2024.
The Council told her that the works were completed in 2021 and that it will not carry out any further work as it considers that they are satisfactory. We will not investigate this complaint which concerns matters which the complainant was aware of more than 12 months before they complained to us. I have seen no evidence to suggest that Miss X could not have complained to us sooner.
The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
Final decision
We will not exercise discretion to investigate this complaint about defects to grant-aided works carried out in 2021. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman