The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council’s actions caused him personal suffering, including a physical assault, and financial losses. This is because his complaint is late and I have seen no reason why he could not have come to us sooner.
The complaint
Mr X complains that the Council’s actions led to him getting assaulted in 2007. He also says the Council’s actions eventually caused his business to collapse and his marriage to breakdown. He complains that the Council’s maladministration and negligence caused all these incidents.
Mr X would like full compensation for all past and future financial losses incurred after his business collapsed.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council knew that a tenant in his building had a history of violence but failed to safeguard him. He says the tenant assaulted him in 2007.
Mr X also says after the assault, the Council maintained the tenant’s tenancy and he had to run his business next to the tenant’s flat. He says he was in constant fear and eventually his business collapsed causing him financial and personal hardship, including the breakdown of his marriage.
Mr X feels the Council are to blame for all these incidents and wants compensation for all the losses he incurred after his business collapsed.
Whilst I acknowledge Mr X’s concerns, the matters he complains about took place many years ago and therefore his complaint is late. I have seen no reason why he could not have come to us at the time these incidents took place.
Final decision
We will not investigate Mr X’s complaint because it is late and we have seen no reason why he could not have come to us sooner.
Investigator's decision on behalf of the Ombudsman