Summary: We will not investigate Mr X’s complaint about the Council not investigating his concerns about damp and mould in his rented property. This is because his complaint is late and there are no good reasons why he did not complain sooner.

The complaint

1. Mr X complains about the Council’s failure to investigate damp and mould in a rented property in 2020. Mr X says he has been caused long term health problems as a result and would like £220,000 in compensation.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X describes his medical condition and his belief that damp and mould contributed to his ill health. He complains the Council failed to investigate his concerns when he raised these in 2020.
7. However, Mr X is complaining about Council decisions and actions taken in 2020. He has allowed over 5 years to elapse before raising his complaint to us.
8. We will not investigate Mr X’s complaint. This is because the complaint is late. We expect people to complain to us within 12 months of them becoming aware of the matter complained of. Any complaint made after 12 months is late. I have not seen any no good reasons why Mr X did not complain to us sooner.

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Final decision

9. We will not investigate Mr X’s complaint because it is late and there are no good reasons why he did not complain sooner.

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Investigator's decision on behalf of the Ombudsman