Dudley Metropolitan Borough Council (25 000 970)
Category : Adult care services > Disabled facilities grants
Decision : Closed after initial enquiries
Decision date : 02 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about drainage installed in her property under a Disabled Facilities Grant. This is because the complaint has been made late, and I see no good reason why Mrs X could not have complained in time.
The complaint
- Mrs X complains that a wet room in her home which was funded by the Council under a Disabled Facilities Grant (DFG) has problems with the foul drainage.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X had a wet room built in June 2018 under a DFG. Mrs X has been experiencing issues with the wet room’s foul waste drainage since 2018.
- I consider Mrs X’s complaint about this matter late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mrs X has known about the issues with the wet room since 2018. I see no good reason to exercise discretion to investigate as Mrs X could have complained to the Ombudsman sooner.
Final decision
- We will not investigate Mrs X’s complaint because the issues complained of are late and I see no reason why Mrs X could not have complained in time.
Investigator's decision on behalf of the Ombudsman