Summary: We will not exercise discretion to investigate this complaint about the Council’s investigation of private housing disrepair in 2023. this complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s investigation of disrepair which he reported in his private-rented home in 2023. He says despite the landlord carrying out work required by the Council his flat remains cold in winter.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council failed to tale sufficient action to redress al the problems in his rented flat in 2023. He had complained about the heating system being faulty and in March 2023 the Council investigated and served a notice on the landlord requiring the boiler to be replaced. The landlord complied with the notice by May 2023 and the Council took no further action.
6. Mr X says the Council did not require the landlord to replace a faulty ceiling light in one room. The Council says this was not a category 1 hazard under the Housing Health and Safety Rating System (HHSRS) provisions of the Housing Act 2004. The landlord has offered to complete this work at a later time.
7. Mr X subsequently told the Council that his flat remained cold in winter despite the new boiler being installed. The Council offered to measure the heating levels in his home but he did not agree to this.
8. Mr X complained to us in November 2024 which his outside the normal 12-month period for receiving complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council’s investigation of private housing disrepair in 2023. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman