Summary: We will not investigate Mr X’s complaint the Council forged a warrant to enter his property and wrongly disposed of his personal belongings. That is because the complaint it late.

The complaint

1. Mr X complained about the Council’s decision to remove personal belongings from his home after the Court issued a warrant under the Public Health Act. He said the warrant the Council used to gain access to his property was forged. He said the Council had no right to take his personal belongings. Mr X wants the Council to stop visiting his property.

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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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Under the Public Health Act 1936, the Council can, when satisfied premises are in such a filthy or unwholesome condition as to be prejudicial to health, or are verminous, give the owner or occupier notice requiring them to take such steps as may be needed to remedy the condition. If they fail to comply, the Council can carry out the required works and recover the expenses reasonably incurred.
8. In its complaint response, the Council said it had received reports about potential nuisance at Mr X’s property. It said it had tried to assess the reports since 2021, but Mr X had refused it access. The Council got a warrant from the Court at the start of 2023. It visited and decided the premises were hoarded, filthy and verminous. It returned in June 2023 to clear the property. It confirmed it had removed any items the rodents may have run over to prevent contamination.
9. Although Mr X is unhappy with the Council’s response, we will not investigate. That is because the complaint is late. The Council completed the house clearance in June 2023; Mr X did not complain to the Ombudsman until July 2024. Therefore, it is more than twelve months since the Council entered his property. We have discretion to set aside this restriction where there are good reasons, however, I am satisfied Mr X could have complained to us sooner if he was unhappy with what the Council had done.
10. In any event, even if the complaint was not late, we would not investigate. Although Mr X believes the signature on the warrant is forged, the evidence he has provided does not substantiate this. I am satisfied the Council followed the correct steps in getting the warrant. And although he is unhappy about the Council’s decision to dispose of his belongings, the Public Health Act allows the Council to remove and destroy items which maybe prejudicial to health. There is not enough evidence of fault to justify our involvement.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman