Summary: We will not investigate this complaint that an IT issue led to the complainant missing out on a place on a waiting list for a beach hut. This is because the event happened too long ago and I see no reason to exercise discretion and investigate it now.

The complaint

1. The complainant, who I will call Mr X, complains that an IT issue with the Council’s website led to him missing out on a place on a waiting list for a beach hut.

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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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In November 2017, the Council invited people to apply to be added to a waiting list for a beach hut. Mr X applied but the Council say he missed the deadline by 2 hours. Mr X contacted the Council in December 2017 about this.
7. I will not investigate Mr X’s complaint. This is because the events happened too long ago and I see no reason why he could not have complained to the Council and subsequently the Ombudsman, when he became aware that he was not added to the waiting list in 2017.

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Final decision

8. We will not investigate Mr X’s complaint because the events happened too long ago and I see no good reason to exercise discretion and investigate them now.

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Investigator's decision on behalf of the Ombudsman