Summary: We will not investigate Miss X’s complaint that the Council failed to comply with a court order made in late 2021. The complaint lies outside our jurisdiction because it is late and there are no good reasons to exercise discretion to consider it now.

The complaint

1. The complainant, Miss X, complains the Council has breached a court order made by the family court in December 2021. Miss X says the order required the Council to contribute towards the cost of decorating her home before her family moved in but it did not provide funds for flooring and the work was not completed. She says the Council’s failure to act in line with the court order reflects its discrimination and neglect.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

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

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My assessment

7. Miss X complained to the Council that it had breached a court order made by the family court in December 2021 which required her property to be decorated before her family moved in.
8. The Council told Miss X it would not consider her complaint because it had not been made within 12 months of her first becoming aware of the matter. It noted Miss X corresponded with the Council on this issue in 2022 before her case was closed in January 2023. It also responded to a complaint from Miss X about the same matter in late 2023. The Council explained it could not add to its previous responses on the matter.
9. We will not investigate Miss X’s complaint. It lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now over three years on from the court order being issued. I have taken account of Miss X’s very difficult personal circumstances from February/March 2023 onwards which prevented her from making a complaint at that time. However, by early 2023, a complaint to the Council and to this office would have already been late as the court order had been in place for over 12 months. Miss X was clearly aware of the matter throughout 2022 and was corresponding with the Council on it and so a complaint could have been raised within 12 months. Miss X complained to the Council in late 2023 and the Council’s November 2023 response signposted her to this office if she remained dissatisfied with its response.
10. It is also unlikely we would have investigated the complaint even if it had been made in time. This is because a complaint about a breach of a court order is a matter for the courts to consider and decide. We are unable to make a ruling that the Council has breached a court order. It would need to be returned to the courts for a ruling. It is for the courts rather than this office to decide whether there has been a breach of an order and, if so, what if any action should be taken as a result.

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Final decision

11. We will not investigate Miss X’s complaint. It lies outside our jurisdiction because it is late and there are no good reasons to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman