Summary: We will not investigate this complaint about Mr X’s claim against the Council for damage to his property, stress and loss of light caused by the erection of scaffolding by the Council in 2020. This is because Mr X can seek a remedy through the courts and because the complaint is a late complaint and so falls outside our jurisdiction due to the passage of time.

The complaint

1. Mr X complains that in 2020 the Council put up scaffolding in front of his property without his permission, drilled holes in his wall and caused a loss of light for three months, stress and damage to his gutter. He says he tried to make a claim on the Council’s insurance but it will not help him.

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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. 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)
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. In 2020 the Council, as freeholder, erected scaffolding against Mr X’s leasehold property. In responding to Mr X’s recent complaint about this matter, the Council confirmed with Mr X that damage to his property had been rectified through a past insurance claim.
8. Mr X then withdrew this aspect of his complaint but advised the Council he would like a response to the part of his complaint which concerns the loss of light he suffered and the distress caused to him. The Council told him as the scaffolding had been erected in 2020, it was too late for it to consider the matter further now.
9. The time restriction on the Ombudsman’s powers to investigate complaints highlighted at paragraph 4 applies to Mr X’s complaint. He knew of the matters of which he complains in 2020 and it is too late now for us to investigate them.
10. Moreover, even if the complaint was not late, it would fall outside our jurisdiction to investigate because of the availability to Mr X of a court remedy. If Mr X wishes to pursue his claim against the Council, it is open to him to take court action to obtain a remedy.

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Final decision

11. We will not investigate Mr X’s complaint because he can seek a remedy through the courts and because the complaint is a late complaint and so falls outside our jurisdiction due to the passage of time.

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Investigator's decision on behalf of the Ombudsman