Summary: We will not investigate Ms X’s complaint about the Council’s lack of response to her service requests. This is because the complaint is late, and there is no good reason to exercise discretion to investigate now.

The complaint

1. Ms X complained the Council did not respond to her service requests which asked for help to establish responsibility for the maintenance of a privately owned wall. She said it did not apologise for the delay in its response which led to a delay in being able to progress repairs. She said it made her anxious about the safety of the wall.
2. Ms X also complained about the delay in the Council’s response to her formal complaint. She wants an apology and advice.

Back to top

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)
5. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Ms X complained the Council did not respond to her service requests made originally in 2023. We expect a person to complain to us within 12 months of being aware of a matter and Ms X did not complain to us until 2025. Therefore, the complaint is late, and there is no good reason to exercise discretion to consider it now.
9. However, even if the complaint was not late, we would be unlikely to investigate. The Council has since responded to Ms X’s service request and advised her how to make a claim with the Risk and Insurance team. Further investigation would not lead to a different outcome.
10. Ms X complained the Council did not initially log her complaint which delayed its response. We expect a Council to respond to complaints in accordance with its published complaints procedure. However, we consider it is not a good use of public resources to investigate a complaint about the complaint process alone when we are not considering the substantive issue.

Back to top

Final decision

11. We will not investigate Ms X’s complaint because the complaint is late and there is no good reason to exercise discretion to consider it now.

Back to top

Investigator's decision on behalf of the Ombudsman