Summary: We will not investigate Mr X’s complaint about the loss of his belongings after he left his property. This is because the complaint is late and there are no good reasons to investigate now.

The complaint

1. Mr X complained about the loss of his belongings after he left his home when neighbours made allegations and threats against him. He said he wants compensation for their loss.

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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. 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

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says he was forced to leave his property after threats and false allegations were made against him by his neighbours. He said that, by the time he was able to return to the property, the Council had destroyed his belongings.
8. In its complaint response, the Council said it had given him ample opportunity to collect his belongings, but he did not do so, and they were destroyed in August 2022.
9. Mr X claimed on the Council’s insurance, but his claim was rejected. Amongst other reasons, the Council said it had no legal duty to protect and store his belongings in the circumstances, even though it accepted Mr X was vulnerable.
10. We expect complaints to be made within 12 months of the events complained about. There is no evidence to suggest Mr X could not have complained to us sooner.
11. In any case, Mr X has already made a claim on the Council’s insurance, which has been rejected. We are not able to say whether the Council was in breach of any legal duty, which would be for the court to determine.

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Final decision

12. We will not investigate Mr X’s complaint because it is late and there are no good reasons to investigate now.

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Investigator's decision on behalf of the Ombudsman