Summary: We will not investigate this complaint about the outcome of a meeting Ms X had with the Council’s Conservation and Heritage Officer in 2023. The complaint is late and there is no reason to investigate it now. Also, we cannot consider complaints about the actions of the Council when it is acting as landlord.

The complaint

1. Ms X complains about the outcome of a meeting the Council asked her to have with its’ Conservation and Heritage Officer. She says the Officer visited her home to make an assessment for permission to have wooden double-glazed windows could be fitted in her home.
2. The following day Ms X says the Officer provided an assessment on UPVC windows.
3. Ms X says she is furious that the Officer would think she wanted UPVC windows. Also, as the Officer failed to give an assessment on wooden windows, she took a day off work for nothing.
4. Miss X wants the Council to provide an assessment for wooden windows and replace her windows.

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The Ombudsman’s role and powers

5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
7. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

8. I considered information provided by the Ms X and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Ms X was aware of the outcome of the meeting in 2023. The law says a complaint must be made to us within 12 months. The 12 months starts from the time the person became aware of the issue, not from the date of the Council’s response to the complaint. Therefore, this complaint is late and there is no reason why Ms X could not have complained to us much sooner.
11. Also, Ms X says the Council deliberately delayed in responding to her complaint as during the complaint process it sold the lease to her property to a third party.
12. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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Final decision

13. We will not investigate Ms X’s complaint because it is late. Also we cannot consider any issues arising from the Council’s as a registered social housing provider.

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Investigator's decision on behalf of the Ombudsman