London Borough of Southwark (21 008 916)

Category : Housing > Homelessness

Decision : Closed after initial enquiries

Decision date : 10 Nov 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about missing property following an eviction in 2018. This is because the events happened too long ago, and I see no reason why the complainant could not have complained sooner.

The complaint

  1. The complainant, who I will call Mr X, complains that several items of his property were missing after the Council evicted he and his family from temporary accommodation in late 2018.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. I will not investigate this complaint. This is because the events happened too long ago, and I see no good reason to exercise discretion because I see no reason why Mr X could not have complained sooner.
  2. Even if Mr X had complained sooner, we would not have investigated his complaint about missing property. This is because the matter of liability is one for insurers and the courts. Mr X did submit a claim with the Council’s insurers, but his case was closed in July 2020 due to a lack of supporting information.

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Final decision

  1. We will not investigate Mr X’s complaint because it is late and I see no reason why he could not have complained sooner.

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Investigator's decision on behalf of the Ombudsman

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