Summary: We will not investigate this complaint about the Council’s failure to compensate her for mould damage to her property in her temporary accommodation in. It is reasonable for Miss X to make a claim against the Council’s insurance for her losses. We will not exercise discretion to consider the Council’s responses to her reports of disrepair because his complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.

The complaint

1. Miss X complained about the Council’s failure to remedy mould growth in her temporary accommodation during 2023 and 2024. The Council says it accepts delays in this period and she has accepted a payment for this. She says she has an outstanding claim for damage to her furniture and the payment did not cover this. She wants the Council to pay her £885 to replace the furniture.

Back to top

The Ombudsman’s role and powers

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)
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Miss X says she reported problems with mould growth and faulty extraction fans to the Council in 2023 following a mould wash treatment earlier. The Council did not respond until after she made a complaint in 2024. We will not investigate this complaint because it concerns matters which she was aware of more than 12 months before she complained to us. I have seen no evidence to suggest that Miss X could not have complained to us sooner.
7. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
8. Miss X was offered a payment of £360 for the period when the Council failed to respond and she has accepted this. However, she says that her furniture was damaged by the mould and the payment did not cover this matter. When she complained to the Council it advised her to make an insurance claim and issued her with advice and a form to submit.
9. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability. If the claim is rejected and liability is not accepted negligence claims and interpreting the law around legal torts are generally best decided by a court. Only a court can decide whether the problem should have been dealt with by the council before it caused harm or if the council is liable to pay “damages” for the loss or injury someone has suffered.

Back to top

Final decision

10. We will not investigate this complaint about the Council’s failure to compensate her for mould damage to her property in her temporary accommodation in. It is reasonable for Miss X to make a claim against the Council’s insurance for her losses. We will not exercise discretion to consider the Council’s responses to her reports of disrepair because his complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.

Back to top

Investigator's decision on behalf of the Ombudsman