The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council wrongly charged him for alleged damage to his temporary accommodation which he left in late 2017. This is because the complaint is late and there are no good reasons to exercise discretion to consider this very late complaint now.
The complaint
Mr X complains that after moving out of temporary accommodation in late 2017, the Council charged him £450 for remedial works to the property. Mr X says he did not cause the damage to the property. He seeks a refund of his payment.
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
Mr X complains about events from late 2017. Mr X was aware of the matter at the time and first complained to the Council about it in early 2018. Mr X made further complaints to the Council about this matter in 2019 and 2022.
The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Mr X did not complain to this office about the matter until 2025. The complaint could have been made to us much sooner. I can see no good reason to exercise discretion to consider this very late complaint now so many years after Mr X first became aware of the matter.
Final decision
We will not investigate Mr X’s complaint because it is late and there are no good reasons to exercise discretion to consider it now.
Investigator's decision on behalf of the Ombudsman