The 12 month rule

As a general rule, the Ombudsman can consider complaints made to him/her (or to an elected Councillor) within 12 months of the date on which the person who is complaining first became aware of the matter they are concerned about. The ‘12 month rule’ is not hard and fast. One of the reasons it exists is because the more time which elapses before an investigation takes place, the harder it is to gather evidence.

There are plenty of good reasons why the Ombudsman may exercise his or her discretion to investigate complaints about events which occurred more than 12 months ago. Someone may have been prevented from complaining due to a period of ill health, an inability to read or write English, or the mistaken belief that action would be taken to resolve their complaint. The Ombudsman will also take into account the seriousness of the injustice claimed in deciding whether to investigate a complaint ‘out of time’.

If you have been advising a client about their complaint against a council for some time you should try and send it to us within the twelve month limit if possible. If it is apparent that you are referring a complaint to the Ombudsman which may be outside of the twelve month limit please explain why it was not made sooner. Remember that the complainant must have been aware of the matter for the restriction to apply.

Please seek advice on 0845 602 1983 if you are at all unsure whether a complaint which appears to be out of time will be considered.