London Borough of Croydon (21 006 246)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Council charging for maintenance. It would be reasonable for the complainant to apply to the First-Tier Tribunal (Property Chamber - Residential Property) for a decision on whether she should be expected to pay the charges. The complaint is also late and there are no good reasons to exercise our discretion and investigate it now.
The complaint
- Ms Y says the Council has been sending her a bill for cutting the grass when there is no proof of her agreeing to this
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone can appeal or apply to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
- 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 Ms Y and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms Y says she moved into her freehold property in 1992. Ms Y also says she does not understand why only the people who live on her side of the estate pay for this bill when everyone benefits from the grass being cut.
- Ms Y has known about this charge and has been paying it for 28 years. She could have complained within a year of knowing about the matter, but she failed to do this. Therefore, this complaint is late and there are no good reasons for us to investigate it now.
- Ms Y says she never signed a contract agreeing to this charge and the Council cannot provide her with evidence. It would be reasonable for Ms Y to apply to the First-Tier Tribunal (Property Chamber - Residential Property) if she wishes to challenge the principle or the amount of the maintenance charge.
Final decision
- We will not investigate Ms Y’s complaint because it would be reasonable for her to challenge the Council’s actions before a tribunal. Her complaint is also late and there are no good reasons to investigate it now.
Investigator's decision on behalf of the Ombudsman