London Borough of Enfield (22 017 421)
Category : Housing > Private housing
Decision : Closed after initial enquiries
Decision date : 02 May 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council placing Miss X in a property which had a faulty boiler. This is because the complaint is about matters that happened more than 12 months ago and there are no good reasons for us to exercise discretion to consider the late complaint.
The complaint
- Miss X complains the Council, in 2011, placed her in a property which had a faulty boiler. She says the faulty boiler was leaking carbon monoxide and it negatively impacted on her health.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X moved into the privately rented accommodation in 2011.
- Miss X provided information which showed she first became aware of the faulty boiler in 2014. There is also evidence she complained to the Council about the faulty boiler in 2014.
- We do not investigate complaints about matters that happened more than 12 months ago unless there are good reasons for why the complainant could not complain to us earlier. In this case, it is clear Miss X was aware of her concerns in 2014.
- However, I can see no good reason for why Miss X could not complain to us earlier and for why it has taken her nine years to bring the complaint to us. Therefore, we will not exercise discretion to consider this late complaint.
Final decision
- We will not investigate Miss X’s complaint because the complaint is about matters that happened more than 12 months ago and there are no good reasons for us to exercise discretion to consider the late complaint.
Investigator's decision on behalf of the Ombudsman