Summary: The Ombudsman will not investigate this complaint that the Council disposed of the complainant’s belongings in 2015. This is because it is a late complaint.

The complaint

1. The complainant, whom I refer to as Mr X, complains that in 2015 the Council destroyed important belongings that he had been storing in a garage. Mr X also says the Council did not give proper notice of its intention to repossess the garage and he denies having rent arrears for the garage.

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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 read the complaint and the Council’s responses. I considered comments Mr X made in reply to a draft of this decision.

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What I found

What happened

5. Mr X rented a garage from the Council in 2007. In 2013 the Council issued a Notice to Quit due to rent arrears for the garage. Mr X said he would pay the arrears but did not do so. The Council repossessed the garage in March 2013.
6. Mr X visited the garage in December 2013 to collect his belongings. The officer who gave him access to the garage noted that Mr X only collected a briefcase.
7. In 2014 the Council gave Mr X another chance to pay the arears. Mr X agreed to pay by November but did not do so. The Council terminated the account in December 2014.
8. Mr X spoke to the Council in 2015 and was again told he needed to pay the arrears of £1304. In 2015 the Council told Mr X that it had moved his belongings to a different location during refurbishment. It also repeated that he needed to pay the arrears. Mr X says that in July 2015 the Council told him he would have to pay £100 to collect his possessions.
9. Mr X contacted the Council in 2018 to ask for his belongings. He says the Council told him in August 2018 that all his belongings had been destroyed. Mr X complained and the Council responded in October 2018. The email explained that the Council destroyed his belongings because he had not paid the arrears or made arrangements to collect the items. It said it had sent letters which Mr X says he did not receive because he had moved. The letter said Mr X had still not paid the arrears.
10. Mr X did not contact the Council again but complained to the Ombudsman in September 2019 who referred the complaint to the Council for a final response. The Council responded to Mr X in January 2020. Mr X contacted the Ombudsman again in October 2020.
11. Mr X says he had many important possessions stored in the garage, some of which are irreplaceable. Mr X denies having arrears and says the Council did not tell him it would dispose of his belongings. Mr X says the Council has treated him unjustly.

Assessment

12. I will not start an investigation because this is a late complaint. The Council notified Mr X of the arrears, and repossessed the garage, in 2013. If Mr X disagreed he had arrears then he needed to have complained at that time, or in 2014 when he made a payment agreement.
13. Mr X knew in 2015 that his belongings were no longer in the garage and that the account had been terminated. Mr X could have taken immediate action to try to collect his belongings, pay the arrears or complain about the process. He could also have collected all his belongings when he was given access to the garage in 2014. However, Mr X took no action until October 2018 and he then waited until September 2019 to take any further action. I have not seen any good reason to investigate a complaint about issues Mr X has been aware of since at least 2015.

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Final decision

14. I will not start an investigation because this is a late complaint.

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Investigator's decision on behalf of the Ombudsman