London Borough of Southwark (24 013 312)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 21 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint the Council fraudulently altered parts of its Constitution. The complaint is late.
The complaint
- Mr X complained the Council changed part of its Constitution following a High Court case it lost. Mr X said he complained directly to the Council but had not received any replies.
- He said he will pursue this matter to ensure justice is served. He wants the Council to restore the Constitution to its version prior to the High Court case.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained the Constitution from year 2010/2011 is missing from the Council’s website. He said this is linked to a High Court Case, the Council was involved in and lost. He said the Council removed the Constitution from its website and altered content of later versions to avoid discriminatory actions against its staff.
- At a Council Assembly meeting in October 2013, Mr X asked the leader to investigate this matter, demonstrating he was aware of the matter at that time.
- Mr X complained to the Council in August 2024, he contacted the LGO in October 2024. It was reasonable for Mr X to have complained to the Council and the Ombudsman at an earlier stage.
Final decision
- We will not investigate Mr X’s complaint the Council fraudulently altered parts of its Constitution. This is because the complaint is late and there are no good reasons to exercise discretion to consider it now.
Investigator's decision on behalf of the Ombudsman