Summary: Mr X complained about the quality of works carried out in his home by Council appointed contractors with funding from a Housing Assistance Grant. We have discontinued the investigation because the complaint is late and there are no good reasons to exercise discretion to investigate it now.

The complaint

1. Mr X complained about the poor quality of building and electrical works carried out by contractors appointed by the Council. The Council awarded a Housing Assistance Grant to fund the works. Mr X also complained that the contractors caused damage to his property and did not complete all the necessary works.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons to do so. A complaint is late 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 can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I have spoken to Mr X and considered all the information he has provided so far. I considered the Council’s replies to Mr X’s complaint at both stages of its complaints procedure.
5. Mr X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

6. The Council awarded a Housing Assistance Grant to fund repairs and improvements to rectify Category 1 hazards in Mr X’s home. The Council had surveyed Mr X’s home, identified the hazards and prioritised works that could be funded within the £15,000 grant limit. The Council also appointed three contractors to carry out the works.
7. The approved grant works included electrical rewiring, installation of a new damp proof course and a central heating system, roofing works and other works in the bathroom, living room and kitchen.
8. In March 2019 Mr X complained to the Council about the following matters:
• Shoddy and poor quality work;
• Some works had not been completed; and
• The contractors caused damage to his property.
9. At a site meeting in mid-March 2019, the Council identified the need for various snagging works. After the meeting, the Head of Service sent a Stage One reply to Mr X.
10. Mr X was not satisfied with the Stage One reply and escalated his complaint. His main concerns at that time were with damp coming through an area of newly laid floor screed in the living room and the decision not to replaster the bathroom ceiling before the contractors installed a new shower. He asked the Council to investigate his complaint at the final stage of its complaints procedure.
11. A senior manager sent Mr X the final Stage Two response in late May 2019. He said the Council had spent more than the £15,000 grant limit on the works. It said Mr X was told at the outset that the bathroom ceiling would not be replastered as part of the grant works. It did not have evidence that the damp coming through the floor screeding resulted from the grant works done by the contractors. The letter explained Mr X could complain to the Ombudsman within 12 months if he was not satisfied with the Council’s final response.
12. At the end of May 2019 Mr X sent a further email to a Council officer in the Home Improvement Service. He says he received no response.
13. Mr X complained to us in early September 2020. His complaint is late because it was made more than 12 months after he received the Council’s final response.
14. Mr X told me he did not complain sooner because he was unemployed, in debt and suffering from stress and depression at the time. He said he put the complaint to one side until he found a new job and sorted out his financial difficulties.
15. Mr X said he had also been waiting for the Council to reply to the email he sent in late May 2019. In September 2020 he realised he should follow up the complaint and then complained to us.

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Final decision

16. I have discontinued the investigation because Mr X’s complaint is late. I carefully considered the reasons Mr X gave to explain his delay in bringing the complaint to us. However I do not consider these are sufficiently compelling to exercise discretion to investigate his complaint now.

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Investigator's decision on behalf of the Ombudsman