Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his 2022 claim for compensation. The complaint lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now, two years later.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s decision to refuse his claim for damages after he was locked in a cemetery in early 2022.

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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 do not start an investigation if we decide 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)
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. In early 2022, Mr X submitted a claim for damages to the Council after he and his brother were locked in a cemetery for an hour. Mr X said the cemetery closed before the stated closing time.
9. The Council refused Mr X’s claim in 2022 and confirmed its position again in 2024 after Mr X complained to this office. The Council says the cemetery was closed after the closing time and that the closing time varies according to the time of year. It says there is no basis for Mr X’s claim as there was no loss or injury.
10. Mr X says the Council has not properly considered his claim.
11. We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Mr X did not complain to this office until two years later. I see no good grounds to exercise discretion to consider this late complaint now.
12. Also, it is unlikely we would have investigated this complaint even if it was made in time. This is because it is a negligence claim which is a legal matter for the courts to consider and decide. We could not make a finding on whether the Council has been negligent and, if so, whether Mr X should be awarded any damages he seeks. That is a matter only the courts can decide. Mr X says he is going to take the matter to court and this is the suitable route to take should he wish to pursue his claim further.

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Final decision

13. We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman