Summary: We will not investigate Ms X’s complaint about Council charges for assistive equipment and errors in its invoicing since 2018. Her complaint is late and there are no good reasons why it could not have been made sooner.

The complaint

1. Ms X complained the Council changed her billing address in 2018 without her permission. She says it is now unfairly requesting payment for charges accrued since then, despite her never receiving the invoices. She said the Council’s actions amount to a data breach and have had a negative effect on her health. She also says the Council has failed to respond to her subject access request. She wants the Council to write off the outstanding charges.

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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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2018, the Council installed assistive equipment into Ms X’s home. Ms X said she gave the Council her billing details for the equipment charges, but it did not set up a direct debit.
7. Later in 2018, a person known to Ms X contacted the Council and asked the Council to change the billing address, which it did.
8. In January 2023, the Council contacted Ms X to discuss the unpaid invoices and request payment. In this call, Ms X realised the Council had been sending invoices to the wrong address since 2018.
9. We will not investigate Ms X’s complaint. Ms X became aware of the unpaid invoices in January 2023 and has disputed these charges with the Council since then. She did not complain to us until May 2024. This was more than 12 months after she became aware of the issue so this complaint is late. I have seen no good reason why she could not have brought her complaint to us sooner.
10. Ms X says the Council’s actions amount to a data breach. The Information Commissioner's Office (ICO) considers complaints about information rights and data protection. If Ms X considers the Council has breached data protection rules, the ICO is better placed to consider a complaint about this.

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Final decision

11. We will not investigate Ms X’s complaint because it is late. Additionally, the Information Commissioner's Office is better placed to consider her complaint about access to information and data breaches.

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Investigator's decision on behalf of the Ombudsman