Summary: We will not investigate Mr X’s complaint about the emergency alarm service he received between 2015 and 2019. It lies outside our jurisdiction because it is late and I see no good grounds to exercise discretion to consider this very late complaint now.

The complaint

1. The complainant, whom I shall call Mr X, complains about matters relating to an emergency alarm service he, and his parents, used between 2015 and 2019.

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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 may decide not to start an investigation if 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.
6. I considered the Ombudsman’s Assessment Code.
7. I sent the complainant a copy of my draft decision and considered his comments in response.

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My assessment

8. Mr X complains about charging and safety issues relating to the safety alarm service he and his parents used from 2015 to October 2019. Mr X paid for the service.
9. Mr X first complained to the Council about this matter in 2016 and again in 2020. The Council signposted Mr X to this office in its 2017 complaint response should he remain dissatisfied with its response and wish to pursue the complaint further.

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Final decision

10. We will not investigate this complaint. The complaint lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person first becoming aware of the matter. Mr X first complained to the Council about this in 2016 and was clearly signposted to us in early 2017. I see no good reason to exercise discretion to consider this very late complaint now, so many years on from Mr X first becoming aware of the matter and from him being clearly signposted to us.

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Investigator's decision on behalf of the Ombudsman