Summary: We will not investigate this complaint about the alleged actions of a Council officer in 2020. The complaint was made late, and there is not a good reason Mr X did not complain to us sooner.

The complaint

1. Mr X complained a council officer and a tribunal judge spied on his wife, outside of their work environment, in 2020. He says they asked her questions about her disability which left her upset. Mr and Mrs X became concerned the Council’s officer had colluded with the judge before a tribunal in 2017, and this had impacted Mrs X’s entitlement to Personal Independence Payment. Mr X says these events contributed to his wife’s death because of stress.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The alleged incident Mr X complains about happened in October 2020. He complained to the Council, and it sent him a final complaint response in January 2021 that explained he could bring his complaint to the Ombudsman. Mr X complained to us in December 2021. There is not a good reason for this delay and therefore we cannot consider Mr X’s complaint.

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Final decision

6. We will not investigate Mr X’s late complaint because there is not a good reason he did not complain to us sooner.

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Investigator's decision on behalf of the Ombudsman