Summary: We will not investigate Mr X’s complaint about a meeting he attended in early 2022. The complaint lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now.

The complaint

1. The complainant, whom I shall call Mr X, complains about a meeting he attended in early 2022 in relation to his father. He also complains he was removed from his father’s will, was unable to see his father before he died and his brother took him to court.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. Mr X complained to the Council about a meeting he attended, relating to his father, in early 2022 which he was asked to leave. He also complained about family issues.
8. The Council told Mr X it would not consider his complaint because it had not been made within the 12 month time limit for complaints and it found no grounds to consider it outside of the usual time frame. It also explained the family issues Mr X raised were not matters the Council could consider via its complaints procedure. It advised Mr X to seek legal advice on those matters.
9. We will not investigate this complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Mr X was clearly aware of the matter at the time as he was in attendance. I see no good grounds to exercise discretion to consider it now. The family matters Mr X raised are about the actions of family members rather than the Council. As such, these matters do not lie within our jurisdiction. The Council has already signposted Mr X to seek legal advice on those matters.

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Final decision

10. We will not investigate Mr X’s complaint because it lies outside our jurisdiction and there are no good grounds to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman