Birmingham City Council (23 003 488)
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint about matters relating to temporary accommodation in 2022. 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 failure to repair bird netting on her flat which was temporary accommodation. She says she had to ask the RSPC to remove birds on two occasions in 2022 . She wants the Council to compensate her for this.
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 the information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says she had problems with pigeons being caught in netting on her balcony on two occasions in 2022. She complained to the Council in October 2022 and it responded, advising that it was not responsible for the birds or netting. She did not pursue the matter and moved to another address in May 2023.
- In June she complained to us and we advised her to complete the Council’s complaints procedure as she was advised to do in 2022 if she remained dissatisfied. She did not do so and complained to us again in December 2023. This is outside the 12- month period for making a complaint after the matter had first taken place. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
- Miss X made other complaints to us in the period after the Council’s first response and there is no evidence to suggest that she could not have complained to us sooner or re-submitted her complaint within 12 months.
Final decision
- We will not exercise discretion to investigate this complaint about matters relating to temporary accommodation in 2022. 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