Durham County Council (25 005 378)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about property damage and eligibility for a Home Improvement Loan. The complaint is late and there are no good reasons to exercise discretion to consider the late complaint.
The complaint
- Mrs X complains the Council did not help her when her neighbour damaged her home. Mrs X also complains the Council will not help her repair the wall by providing a Home Improvement Loan.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
- In 2015 Mrs X’s neighbour removed some render from an external wall on her house. Mrs X reported this to the police. The following week the Council inspected the wall and asked Mrs X to make the wall safe.
- Mrs X complains the Council did not help her following the damage to the render and their involvement prevented her insurance company from pursuing the claim.
- Following the removal of the render, Mrs X reports issues with damp and mould and excess cold in her home.
- In 2022 the Council assessed Mrs X for a Home Improvement Loan. The Council decided the works were not eligible because the missing render was not causing a significant risk to occupants. The Council’s building control department also determined the render was not a danger to the public externally.
- Mrs X Complains the Council were incorrect to decide there was no serious risk caused by the missing render.
- The Council have confirmed that an independent surveyor attended the property and confirmed there was no significant risk caused by the missing render.
- We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mrs X has been aware of the issues she is complaining of since 2015-2022 but did not complain to the Ombudsman until 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.
Final decision
- We will not investigate Mrs X’s complaint because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint.
Investigator's decision on behalf of the Ombudsman