London Borough of Bromley (20 006 939)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 14 Dec 2020
The Ombudsman's final decision:
Summary: Mr X complained about the actions of a senior Council officer in 1996 which he says amounted to misconduct in a public office. We should not exercise discretion to investigate this complaint. This is because it concerns matters which he was aware of more than 12-months before the time period for accepting complaints.
The complaint
- Mr X complained about a senior officer using his position in 1996 to purchase his former wife’s home at a reduced price. He says the officer failed to declare a pecuniary interest at the time and later sold the property for an increased amount.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response. Mr X has been given an opportunity to comment on a draft copy of my decision.
What I found
- Mr X says his former wife was forced to sell her home at a loss due to the influence of an officer who advised her she need to do so to obtain social housing. Mr X says he has been complaining since the sale, but the Council has rejected his submissions.
- The Ombudsman expects a complainant to complain to us within 12 months of being aware of a claimed fault by the Council. Mr X did not complain until 2020 and we will not exercise discretion to consider it now. The property was transferred to his former wife’s ownership before the sale and she did not submit a complaint to us about the officer’s actions.
Final decision
- We should not exercise discretion to investigate this complaint. This is because it concerns matters which he was aware of more than 12-months before the time period for accepting complaints.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman