Summary: The Ombudsman will not investigate Mr X’s complaints about previous investigations carried out more than 10 years ago. This is because Mr X is seeking to reopen a previous complaint which was investigated and closed. There is no reason to reopen the case now.

The complaint

1. Mr X complain the Council has failed to continue to apply the Ombudsman’s findings on complaints he made in 2004 and 2007.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. 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 further investigation will lead to a different outcome
• we cannot achieve the outcome someone wants
• there is another body better placed to consider this complaint

(Local Government Act 1974, section 24A (6), as amended)

5. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

Back to top

How I considered this complaint

6. I considered the information provided by Mr X, including a significant amount of information provided in response to the draft version of this decision.

Back to top

What I found

7. Mr X complains the Council is refusing to follow recommendations made by the Ombudsman after investigations into previous complaints in 2004 and 2007.
8. The last document Mr X has provided on his previous complaints is from 2011.
9. In response to my enquiries the Council has advised that Mr X has not contacted ifs officers about the previous complaints for at least 7 years.
10. The law says the Ombudsman cannot investigate a complaint where it has taken the complainant more that 12 months to contact us after becoming aware of the events leading to the complaint
11. In this case Mr X’s concerns are about matters which occurred more than 10 years ago. So, his complaint is late.
12. I have considered whether to exercise my discretion and investigate this complaint even though it is late. However, the Council has confirmed it no longer holds any records relating to the complaints. Also, the Ombudsman has destroyed the records relating to his previous complaints. This has been carried out according to our retention schedule, by which most information relating to complaint cases is destroyed after 10 years.
13. Mr X has provided copies of the documents he has kept from the Ombudsman investigation into his complaint from 2004 onwards.
14. It is clear from the information provided that previous Local Government Ombudsmen have considered Mr X’s complaints over the years. And they have confirmed in letters to him that his complaint is closed and unless he is providing completely new information, we will not reinvestigate.
15. Also, following the Localism Act 2011, Ombudsman no longer has jurisdiction over complaints made about Council’s when they are acting as registered social landlords. Such matters are now considered by the Housing Ombudsman.

Back to top

Draft decision

16. I cannot investigate this complaint. This is because the complaint is late and it is a repetition of a previous complaint. Two previous Ombudsmen have confirmed to Mr X that we have investigated his complaints and the matter is closed. Mr X has provided copies of some of the information relating to our previous investigation and correspondence with the former Ombudsmen. He has not provided any new information. I understand he considers his complaint to be exceptional. However it has been investigated, a report issued in 2005 and subsequent enquiries made in 2007. Ombudsmen have previously confirmed more than once that they satisfied with the Council’s actions on this matter. I have seen no reason to consider this late, repeated complaint. Also, complaints about Council’s when acting as landlords are now outside our jurisdiction.

Back to top

Investigator's decision on behalf of the Ombudsman