Basingstoke & Deane Borough Council (23 002 410)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 14 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about misgendering because it is late without good reason to exercise discretion to investigate now.
The complaint
- Miss Y complained the Council repeatedly misgendered her after she informed the Council, she is female, and her pronouns were she and her. This caused Miss Y significant upset and distress.
The Ombudsman’s role and powers
- 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 Miss Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
- Miss Y informed the Council of her pronouns in 2018. However, she says Council officers then repeatedly misgendered her and called her by an incorrect name in 2018 and 2019. She complained to the Council in 2023. The Council responded in May 2023, explaining that due to the passage of time it was unable to investigate her complaint as it could not identify who had been involved. It referred Miss Y to us.
Analysis
- The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
- Miss Y was aware of her reason to complain about the Council’s actions when the misgendering occurred, more than 12 months ago. Consequently, her complaint is now late. We have discretion to disapply the rule outlined in paragraph two where we decide there are good reasons. Miss Y has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect her to have complained sooner. Consequently, we will not investigate this complaint.
Final decision
- We will not investigate Miss Y’s complaint because it is late without good reason to exercise discretion to investigate now.
Investigator's decision on behalf of the Ombudsman