Summary: We will not investigate Mr X’s complaint that the Council lost his property and has pursued him for unpaid fees after he relinquished his market stall in 2022. This is because his complaint is made late.

The complaint

1. Mr X complains that the Council lost his property after he relinquished his market stall in 2022. He also complains that the Council are pursuing him for unpaid market stall fees that he does not owe.

Back to top

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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. I will not investigate Mr X’s complaint because it is made late. He has been aware of the issues he raises since 2022, and I see no good reason why he could not have complained sooner.
8. The Council has recently rejected Mr X’s claim for liability for his missing property. It is reasonable now for him to peruse the matter via the courts. Only the courts, and not the Ombudsman, can determine liability.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because it is made late.

Back to top

Investigator's decision on behalf of the Ombudsman