Summary: We will not investigate Ms X’s complaint about building work carried out after she qualified for a disabled facilities grant. This is because the events complained about took place more than 12 months ago and there is no good reason to exercise discretion to investigate events that took place this long ago.

The complaint

1. Ms X complained that after the Council approved her for a disabled facilities grant to build an extension at her home, the contractors completed the agreed work to a poor standard.
2. Ms X complained this caused her stress and inconvenience.

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The Ombudsman’s role and powers

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 Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council approved Ms X’s application for a disabled facilities grant and agreed to fund a single storey extension. The work was completed in November 2020.
8. Ms X complained the extension was not completed properly and the Council’s home improvement team surveyed the work. Further work was carried out in early 2021 and finished in August 2021. Ms X confirmed she was satisfied with the work.
9. In August 2022, Ms X complained again to the Council that she was not happy with the extension. The Council offered to send a surveyor to visit Ms X to discuss her concerns but Ms X declined this offer.
10. Ms X wants us to find the Council at fault for failing to ensure the extension was built safely. We will not usually investigate events which took place more than 12 months ago if it was reasonable for the complainant to have brought them to the Ombudsman’s attention at the time. In addition, even if we exercised discretion to consider this complaint, we would be unlikely to provide Ms X with a different outcome as the Council has responded to Ms X’s complaint reasonably.

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Final decision

11. We will not investigate Ms X’s complaint because the events complained of took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now.

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Investigator's decision on behalf of the Ombudsman