Summary: We will not investigate Mr X’s complaint about the Council’s actions in relation to a financial liability. This is a late complaint and there are no good reasons why Mr X could not have made it sooner. Nor will we investigate Mr X’s complaint about how the Council handled his requests for information relating to this matter, because another body is better suited to consider that aspect.

The complaint

1. Mr X said he was given conflicting information about the Council’s application of Mesne profits in a case involving his son. He said this meant the Council were guilty of misusing public funds. Mr X said the Council’s actions have caused him unnecessary stress.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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 and the Council have been in an exchange of correspondence about a matter relating to how the Council applied Mesne profits in a case involving his son, who is now deceased. The Council referred to a previous letter, it sent Mr X in 2012, where it set out its position. Accordingly, we will not investigate this matter, because those issues were known to Mr X a considerable time ago and there are no good reasons why a complaint could not have been made to us sooner.
7. Part of Mr X’s complaint also relates to how the Council considered his requests for information it held about his son. We will not investigate these aspects of Mr X’s complaint, because the Information Commissioner’s Office is better suited to address concerns about the General Data Protection Regulation.

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Final decision

8. We will not investigate Mr X’s complaint because it is late, and there are no good reasons why it could not have been made sooner.

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Investigator's decision on behalf of the Ombudsman