The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about an Attachment of Earnings Order from 2004 – 2009. Mr X has been aware of the matter he is complaining about since 2009 and so his complaint is late and there is no good reason to investigate now.
The complaint
Mr X complains the Council refuses to pay him back an overpayment of money that was deducted from his salary through an Attachment of Earnings Order between 2004 – 2009.
He says this has caused him emotional and physical strain. He wants the Order removing, compensation and the Council to pay him salary he says remains unpaid plus interest.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains about overpayments made between 2004 – 2009 when he had an Attachment of Earnings Order on his salary. He said he first became aware of the overpayments in 2009.
We will not investigate this complaint. Mr X has been aware of the matters he complains about for over 15 years. I see no good reason why Mr X could not have complained to us earlier. Therefore, we will not investigate his complaint.
Final decision
We will not investigate Mr X’s complaint because it is late and there is no good reason to exercise discretion and investigate now.
Investigator's decision on behalf of the Ombudsman