Summary: We will not investigate this complaint about the Council’s failure to make accommodations for Mr X’s disability at a local event. This is because the events complained about took place more than 12 months ago; there is no good reason to exercise discretion to investigate.

The complaint

1. Mr X complained the Council failed to accommodate his disability for him to attend a local event.

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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. (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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about a local event he missed because the Council failed to make reasonable adjustments for his disability. Mr X said the Council was already aware of the accommodations he needed. He was also unhappy he was removed from a mailing list.
7. The Council did not uphold Mr X’s complaint and offered him a refund for the event.
8. Mr X wants us to find the Council at fault. The Ombudsman will not investigate late complaints unless there are good reasons to do so. The event Mr X is referring to took place more than 12 months ago. It would have been reasonable for Mr X to complain to us sooner. There is no good reason to exercise discretion to investigate.

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Final decision

9. We will not investigate Mr X’s complaint because the events complained about took place more than 12 months ago; there is no good reason to exercise discretion to investigate.

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Investigator's decision on behalf of the Ombudsman