Summary: We will not investigate Ms X’s complaint about the Council’s response to repairs to her garage. Part of her complaint is late and there are insufficient good reasons to consider the complaint now. Of the parts that are in time, it is unlikely we would find fault in the Council’s actions.

The complaint

1. Ms X was unhappy the Council did not fully complete repairs to her garage, after she reported it was damaged in early 2022. Ms X said the Council more recently inspected it again in early 2025 and then decided it was not useable. Ms X said she feels she is being unfairly charged rent for the entire period, and believes the Council should waive the fee.

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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/care provider 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 not enough evidence of fault to justify investigating. (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 the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X said she reported her garage had sustained storm damage in 2022. Ms X said it took a considerable time for the Council to initially respond. She also said in early 2025, following another report she made, the Council inspected her garage and told her it was no longer useable. Ms X wants the Council to repair her existing garage.
6. The Council said it received Ms X’s reports in 2022 and completed repairs in January 2023. It said during this time; the garage was still useable, and that rent was therefore still due for this period.
7. Ms X did not make a complaint to us until May 2025 and while she has told us about a period in 2023, where she suffered ill health, I am not persuaded these are sufficient good reasons to explain why she could not have complained to us sooner, about the Council’s actions up until January 2023.
8. The Council said after another inspection in 2025, it decided Ms X’s garage was no longer useable and offered to locate Ms X another garage once she had cleared her existing garage. Given the Council’s reply here, it is unlikely we would find fault in the Council’s actions in 2025, and we cannot in any case direct it to carry out a repair in line with Ms X’s request.

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Final decision

9. We will not investigate Ms X’s complaint because parts of it are late and there are insufficient good reasons to consider it now. Additionally, of the parts that are not late, it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman