Summary: Mr B complained the Council did not properly consider or act on the reports he made of disrepair to his property from late 2019. That meant he and his family were living in unsatisfactory conditions. We have not investigated the complaint as it was made too late.

The complaint

1. I refer to the complainant as Mr B. He complained the Council did not properly consider or act on the reports he made of disrepair to his property from late 2019. That meant he and his family were living in unsatisfactory conditions.

Back to top

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 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)

Back to top

How I considered this complaint

4. I considered the complaint and documents provided by Mr B and spoke to him. I asked the Council to comment on the complaint and provide information. I sent a draft of this statement to Mr B and the Council and considered their comments.

Back to top

What I found

5. Mr B first complained to the Council about disrepair in his privately rented property in October 2019. He raised other complaints about noise problems from a neighbouring property with the Council over 2020. Alongside those complaints he continued to raise concerns about the condition of his property.
6. Mr B first complained to us in October 2020. That complaint was about the noise issues. We considered the Council had not considered his complaint so we referred it back to the Council. He approached us again in March 2021 and June 2021 about the noise issues. We considered that given the stage the Council’s investigation had reached it was appropriate to leave the matter with the Council. Mr B next came back to us in August 2022.
7. The Council closed the disrepair investigation in June 2021. It appears Mr B was dissatisfied with the outcome and he appointed a solicitor who approached the Council in December 2021. There was then some further action by the Council which was concluded in February 2022.
8. People need to complain to us within a year of the matter about which they are complaining. Mr B knew in June 2021 that the Council had reached a conclusion on the disrepair and if he was dissatisfied then he could have made a complaint to us at that point. He did not complain until August 2022. Mr B has commented that the matter was with his solicitor and he was also facing legal action by his landlord to gain possession of the property. I recognise the issues with his landlord will have been stressful but I do not consider that is sufficient reason for not making a complaint to us about the disrepair issues sooner. I also note that he was continuing to raise his complaints with the Council but as he was not satisfied with the response he was receiving then it was open to him to make a complaint to us. I therefore consider the complaints about the disrepair of his property is too old for us to now consider.

Back to top

Final decision

9. I have discontinued our investigation of the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman