Summary: We will not investigate this complaint about property damage as the complaint is made late and there are not good reasons to investigate now.

The complaint

1. Miss X complains her property was damaged when the Council replaced the roof at the property next door. Miss X wants the Council to reimburse her for the repairs she says she has had to pay for as a result of the damage.

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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. 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 we cannot achieve the outcome someone wants, orthere is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. The roof replacement took place in 2007. As Miss X did not complain to us about this until November 2025, her complaint is made late, that is, not within a year of her knowing about the problem. Miss X has not explained the delay and has not provided good reasons as to why we should investigate now. I consider it was reasonable for Miss X to have complained to us about this matter within a year of her knowing about the problem and we will not therefore investigate, as per paragraph two.
7. We cannot determine damage claims. Only a court could decide if the Council is legally liable for the damage caused to Miss X’s property and if it should reimburse her for the cost of repair work. It is unlikely therefore that we can achieve the outcome the complainant seeks.

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Final decision

8. We will not investigate Miss X’s complaint because it is made late and there are not good reasons for us to investigate now.

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Investigator's decision on behalf of the Ombudsman