Summary: We will not investigate Mr X’s complaint that the Council damaged his property during building work. This is because Mr X’s complaint is late and there are no good reasons to exercise discretion.

The complaint

1. Mr X complains the Council damaged his property when it undertook conversion work using the Disabled Facilities Grant yet has refused to accept liability.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I will not investigate this complaint because it is late. Evidence shows Mr X was aware of any damage and the Council’s final position on his claim for compensation in March 2022. There are no good reasons why he could not have complained to us within 12 months. Further, the courts are better placed to consider any liability disputes and damage claims.

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Final decision

8. We will not investigate Mr X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman