Summary: We will not investigate this complaint about the Council’s failure to take enforcement action under the Redress Schemes for Letting Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014. This is because the complaint is a late complaint and so falls outside our jurisdiction due to the passage of time and because we cannot achieve the outcome the complainant seeks.

The complaint

1. Mr X complains the Council has failed to take enforcement action under the Redress Schemes for Letting Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014 in relation to a company which invoiced him for property management services and was not registered with a property redress scheme. He says the Council should take enforcement action.

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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’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant, including the Council’s response to the complaint.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The restriction highlighted at paragraph 3 applies to Mr X’s complaint. He knew of the matters of which he complains in 2023 and as he could have reasonably complained to us sooner the complaint is late and so falls outside our jurisdiction.
8. Moreover, the outcome Mr X seeks is for the Council to take enforcement action but this is not a remedy we can achieve by an investigation.

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Final decision

9. We will not investigate Mr X’s complaint because the complaint is a late complaint and so falls outside our jurisdiction due to the passage of time and because we cannot achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman