Summary: We will not exercise discretion to investigate this complaint about failure to inform Mrs X about the repayments for home improvement loans which she took out in 2012, 2016 and 2018. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

The complaint

1. Mrs X complained about the Council’s failure to explain the terms of home improvement loans which she took out in 2012 and subsequent years. She says that she understood the loans were Council-funded and did not receive a statement about the debt outstanding until 2023.

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mrs X says she was not aware in 2012 when she signed documents for a home improvement loan that it would be recoverable from her estate and that a charge would be placed on her property. She says that the Council did not carry out capacity and safeguarding checks at the time when she signed for the loans.
6. The Council says the loans were only approved after a home visit had been carried out and that she is a joint owner with her grandson who also jointly signed the loan paperwork at the time. The loan gave mortgage advice about the terms of the loans, repayment and advice to involve a financial advisor. It says no concerns were raised about her capacity at the time the loan was agreed.
7. Mrs X says she received no statements about the loan until 2023 when she found that £11,000 was outstanding against her property.
8. We will not investigate this complaint which was received outside the normal 12-month period for accepting complaints and is late. Mrs X jointly signed the loan agreements and agreed to the terms along with the joint owner of the property. Any doubts about the terms should have been resolved at the time or a financial advisor involved. There is no evidence to suggest that Mrs X could not have complained to us sooner.
9. The time for receiving complaints is from when someone became aware of the matter they wished 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.

Back to top

Final decision

10. We will not exercise discretion to investigate this complaint about failure to inform Mrs X about the repayments for home improvement loans which she took out in 2012, 2016 and 2018. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

Back to top

Investigator's decision on behalf of the Ombudsman