Summary: We will not investigate this complaint the Council’s decision not to renumber a property was a breach of the Human Rights Act. The complaint is late and we cannot decide if an organisation has breached the Human Rights Act.

The complaint

1. Mr X said the Council had breached his Human Rights because it would not agree to renumber his property. He said that had affected his mental health. He wants the Council to agree to a new house number.

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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. 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 our involvement,

• 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

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

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My assessment

7. We will not investigate Mr X’s complaint for the following reasons.
• The complaint is late. Mr X moved into his property in 2021. He contacted the Council at the time about changing its number. The Council told him it would not. The Council’s Solicitors wrote to him in 2022. Mr X did not complain to us until 2024. We expect a person to complain to us within twelve months of the issue they are unhappy about. There is no good reason to exercise discretion to consider this complaint now.
• We cannot decide if an organisation has breached the Human Rights Act as this can only be done by the courts. If Mr X believes the Council’s decision not to renumber his property is either a breach of the Equality Act, or Human Rights Act, it would be appropriate for him to pursue this through the courts.
• In addition to the above, in its complaint response the Council set out its reasons for not renumbering the property. There is not enough evidence of fault in how the Council considered the request to justify our involvement.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman