Summary: We will not investigate this complaint about the Council’s refusal to accept responsibility for a collapsed wall and associated financial loss. The complaint is late and we have seen no reason to exercise discretion on this point.

The complaint

1. Mr X complains the Council refuses to take responsibility for a retaining wall in his garden which collapsed in 2021. He says the Council designed and commissioned the wall more than twenty years ago and is therefore responsible for the financial costs he and others have incurred.
2. He wants the Council to reimburse him and others for their costs, secure the wall and pay them compensation.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

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

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My assessment

7. The wall which is central to Mr X’s complaint collapsed in 2021. The Council confirmed it would not take responsibility for the repairs and/or associated costs and advised him to seek legal advice in 2023.
8. The law says people must bring complaints to us within 12 months of becoming aware of the matter. Mr X did not complain to the Ombudsman until 2025. Therefore the complaint is late.
9. Had Mr X complained to us much sooner, it is likely we would not have been able to achieve a worthwhile outcome. This is because Mr X is seeking confirmation that the Council is liable for the damage and financial loss. The Ombudsman cannot determine such liability as this is a matter for insurers or ultimately, the courts.

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Final decision

10. We will not investigate Mr X’s complaint because the complaint is late and we have seen no reason to exercise discretion on this point.

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Investigator's decision on behalf of the Ombudsman