Summary: We will not investigate this complaint about the Council’s delay in resolving a right of access issue on a property and collection of council tax. The complaint is late and there is no good reason to exercise discretion and investigate now.

The complaint

1. The complainant, I shall call Miss X, complains the Council delayed in resolving an access issue on her late mother’s property. She also complains the Council insists on payment of council tax when the property is sold.
2. Miss X says the delay caused her to lose a buyer. She also says the property has lost value due to the downturn in property prices.
3. She wants compensation for:
• loss of property value
• the time and trouble she spent chasing for a response; and
• the Council should waive all council tax payments.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by Miss X.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X was aware in 2022 of the complaint matters. She received the Council’s final response referring her to the Ombudsman in August. It would only have taken one phone call or visit to our website to make a complaint. However, she did not complain to us until September 2023.

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Final decision

9. We will not investigate Miss X’s complaint because it is late, and I have seen no reason to exercise discretion.

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Investigator's decision on behalf of the Ombudsman