Summary: We will not investigate this complaint about damage caused to Mr X’s kitchen by a carer. This is because the complaint has been made late and also because it is reasonable to expect Mr X to take his claim for damage and personal injury to court.

The complaint

1. Mr X says a carer commissioned by the Council caused a kitchen fire in 2019.
2. Mr X complains he spent 6 months in hospital and his kitchen was burnt down. He would like compensation for the loss of his belongings and the damage to his health.

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The Ombudsman’s role and powers

3. 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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X has made his complaint late around two years after the damage occurred. Taking in to account the time he spent in hospital his complaint is still late and I do not see good reasons to investigate now. This is because the Ombudsman does not investigate matters related to loss of possessions/claims for damage/personal injury claims as these are matters decided by insurers and the courts. So, it would be reasonable for Mr X to pursue his claim in the courts.

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Final decision

8. I will not investigate Mr X’s complaint because it is late and there are no good reasons for me to investigate.

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Investigator's decision on behalf of the Ombudsman