Summary: We will not investigate this complaint about the Council’s decision to refuse a postal vote. The complaint is late, and it was reasonable to expect Dr X to have complained to us sooner.

The complaint

1. Dr X complained the Council refused to accept her postal vote.

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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 Dr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The 12-month period runs from the day the person affected had notice of the matters alleged in the complaint i.e. the actions complained about.
7. Dr X completed the Council’s complaints procedure in 2024. As part of the Council’s final response, it signposted Dr X to us if she remained dissatisfied. Dr X did not complain to us until 2026.
8. I have considered whether to exercise discretion to consider the complaint now and have seen no good reason to disapply the law to do so. We will not investigate this complaint. It was reasonable to expect Dr X to complain to us sooner.

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Final decision

9. We will not investigate Dr X’s complaint because the complaint is late and it was reasonable to expect her to complain to us sooner.

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Investigator's decision on behalf of the Ombudsman