Summary: We will not investigate this complaint about the Council’s decision to take enforcement action against Mr X for not having a valid Energy Performance Certificate. The complaint is late and there is no good reason to exercise discretion and investigate it now.

The complaint

1. Mr X complains about the Council’s decision to issue him a penalty charge notice (PCN) for not having a valid Energy Performance Certificate (EPC) for his rental property. Mr X says the property was exempt from needing an EPC at the time of the Council’s inspection as it was empty and unfit for habitation.
2. Mr X also complains the Council did not make reasonable adjustments for him as it failed to consider his mental health and provide him the opportunity to explain the situation.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate Mr X’s complaint about the Council. Firstly, the Council issued a final complaint response to Mr X in May 2025 signposting him to the Ombudsman. He did not complain to us until July 2026. Therefore, this complaint is late, and there is no good reason to exercise discretion to consider it now.
9. In any event, even if the complaint was not late, we would not investigate. If Mr X disagreed with the Council’s decision to issue him a PCN, he could have asked the Council for a review, and if unsuccessful, appealed this to the county court.

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Final decision

10. We will not investigate Mr X’s complaint because it is late and there is no good reason to exercise discretion and investigate it now.

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Investigator's decision on behalf of the Ombudsman