Summary: We cannot investigate this complaint about the Council’s actions relating to a property. This is because the Council was acting as a landlord at the time, and the law does not allow us to investigate. Nor will we investigate a complaint about Mr X being billed for Council tax arrears. That complaint is late and there are no good reasons to consider it now.

The complaint

1. Mr X was unhappy the Council did not properly respond to his complaints about a property he moved out of, because of flooding prior to October 2024. He was also unhappy at the Council’s record keeping, around this time, which meant he was billed for council tax arrears.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
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)

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How I considered this complaint

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

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My Assessment

5. Mr X was concerned about the condition of a property, when he first moved into it. He was also unhappy with the Council’s explanation about a flooding incident affecting the property which happened in mid-2024.
6. We cannot investigate those complaints, because the Council’s actions in response to that matter, were taken while the Council was acting as Mr X’s landlord. Therefore the restriction at paragraph two applies and we cannot investigate.
7. Mr X complained about the Council’s record keeping and this meant he was wrongly charged council tax for two properties at the same time. This is not a matter which is affected by the restriction in law that we cannot look at the Council acting as a landlord. But I will not investigate it, because it is a late complaint. Mr X was aware of the Council’s final response 12 months before he complained to us.
8. I have considered Mr X’s comments about why he was unable to raise these matters with us sooner, but I am not satisfied these are sufficient good reasons to set aside the expectation in law, that we do not investigate late complaints.

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Final decision

9. We cannot investigate any actions the Council took as a landlord, and we will not investigate a complaint about council tax, because it is late.

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Investigator's decision on behalf of the Ombudsman