Summary: We will not investigate this complaint about missing possessions. That is because the complaint is late.

The complaint

1. Mr X complained the Council lost some of his possessions after he moved out of temporary accommodation. He said that included electrical equipment and certificates. He wants the Council to return these items.

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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 further investigation would not lead to a different outcome. (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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X was absent from his temporary accommodation for a few months at the start of 2022. He then moved to a new address. Mr X said items from his first address went missing. He believes the Council has lost them.
8. The Council responded to Mr X’s complaint at the start of February 2023. It said Mr X had previously reported some of the items as stolen. It said it had told him he needed to contact the Police. It said it had returned his belongings that it had held in storage. It directed Mr X to the Ombudsman if he was unhappy with its response. Mr X complained to us eight months later.
9. We will not investigate this complaint because it is late. We expect a person to complain to us within twelve months of being aware of the matter. Mr X knew his belongings had gone missing towards the start of 2022. He did not complain to us until October 2023. Given the Council directed him to the Ombudsman in February 2023, it was reasonable for him to complain to us sooner.
10. In any event, even if it were not late, we would not investigate. The Council confirmed it had returned all personal items to Mr X. Further investigation by us is unlikely to lead to a different outcome.

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Final decision

11. We will not investigate Mr X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman