Summary: We will not exercise discretion to investigate this complaint about problems with a boiler replacement after the Council grant-aided the works to a private home in 2020. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.

The complaint

1. Ms X complained about the Council’s failure to provide her with sufficient assistance following the installation of a replacement boiler with grant aid from the Council in 2020. She says she has continued to have problems with the boiler since installation and has not had sufficient response from the installer or the Council. She also says there is outstanding damage from the work which remains unaddressed from when it was carried out.

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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)

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How I considered this complaint

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

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My assessment

5. Ms X says she had grant assistance of £3,000 in 2020 for the replacement of her boiler. She says following completion of the work she suffered various problems with the boiler and her heating system. She was in touch with the Council and the installers and in January 2022 made a complaint against the Council through a local citizen’s advice centre. She says she continued to have problems with the boiler and made another complaint in 2023.
6. To date the Council and the installer have not resolved the problems she has reported and she says damage from the work to tiles and carpets is still present in her home.
7. We will not investigate this complaint which was received outside the normal 12-month period for accepting complaints. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

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Final decision

8. We will not exercise discretion to investigate this complaint about problems with a boiler replacement after the Council grant-aided the works to a private home in 2020. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman