Summary: Mr X complained a Council caretaker behaved inappropriately towards him and the Council failed to respond to his complaints properly. The Ombudsman will not investigate the matters dating up to the end of 2018. This is because they are late and there are no good reasons to exercise discretion to investigate now. We will not investigate the matters dating from 2019 because it is unlikely we could add to the Council’s investigation or achieve a different outcome.

The complaint

1. Mr X complained a Council caretaker displayed continuing anti-social behaviour including excessive noise, foul language, use of unauthorised equipment and death threats. Mr X also complained the Council ignored some of his complaints and did not investigate others properly since 2016. Mr X says this has made him hyper alert and uncomfortable in his home. He also says the stress has affected him financially.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we could add to any previous investigation by the Council or achieve a different outcome. (Local Government Act 1974, section 24A(6), as amended)
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)

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How I considered this complaint

4. I have considered all the information Mr X provided. I have also considered the Council’s response. I have written to Mr X with my draft decision and considered his comments.

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What I found

Complaint Handling

5. Mr X lives in an estate managed by a Tenancy Management Organisation (TMO). From 2016 onwards, Mr X complained to the Council about matters including excessive noise from a neighbour and joyriders. Mr X was unhappy with the Council’s response to his complaints and has continued to raise his dissatisfaction.
6. The law says complaints to the Ombudsman should normally be made within 12 months. We have discretion to set aside this rule where we decide there are good reasons. In this case I have decided not to exercise discretion to accept this late complaint for the following reasons:
• The 12-month period begins on the day the person became aware of the matter. Given Mr X complained in 2016, it is reasonable to expect him to have complained to the Ombudsman when he was first dissatisfied with the Council’s response.
• Mr X has not provided a good reason why he did not complain sooner.

Caretaker

7. Since 2018 Mr X has complained to the Council about the behaviour of a caretaker employed to do maintenance on the buildings and grounds. He is unhappy with the Council’s response to his complaints and does not consider it has addressed them properly.
8. In December 2019 the Council responded to Mr X’s complaint. The Council’s response investigated Mr X’s concerns and acknowledged where some fault had occurred. This included when the caretaker used foul language in a personal phone call during work hours and when they sang in a communal area. In response, the Council spoke with the caretaker and wider staff about using mobile phones in work hours and reminded them to keep noise to a minimum. The actions the Council took were an appropriate and proportionate remedy for the injustice Mr X experienced. It is unlikely an investigation by the Ombudsman would add to the Council’s investigation or achieve a different outcome.

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Final decision

9. The Ombudsman will not investigate Mr X’s complaint about matters up to the end of 2018. This is because they are late and there are no good reasons to exercise discretion to investigate now. We will not investigate Mr X’s complaint about the matters from 2019 as it is unlikely to add anything to the Council’s investigation or achieve a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman