Summary: We will not investigate Mr X’s complaint about a claim for damages made to the Council in 2020. The complaint is late and there are no good grounds to exercise discretion to consider it now.

The complaint

1. Mr X complains the Council has closed his claim for damages which it made a settlement offer on in late 2020.

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.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X submitted a claim for damages to the Council in mid-2020 after his vehicle was damaged. The Council offered Mr X a settlement to his claim in December 2020.
8. Mr X contacted the Council in September 2021; April and October 2022; April and June 2024 and January 2025, apologising for not progressing the agreed repairs and asking the Council whether the offer was still valid. The Council confirmed it was and asked Mr X to arrange the works as soon as possible and to provide an invoice for the completed works.
9. Mr X contacted the Council in March 2026, again apologising for not having completed the repair works and saying he could not now find a company to complete the works for the agreed settlement amount.
10. The Council told Mr X that given the significant passage of time since the claim and settlement offer and the absence of a completed acceptance form or invoice for completed works, the matter was now outside its claims timeframe and the claim was closed. It said it would not consider the matter further or reopen the claim and it advised Mr X to seek independent legal advice if he wanted to pursue the matter further.
11. We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late. The complaint refers to a claim which Mr X made to the Council in 2020. The law says a complaint should be made to us within 12 months of the person first becoming aware of the matter. I see no good grounds to exercise discretion to consider matters relating to this claim which is 6 years old now.
12. Further to this, the complaint refers to a negligence claim. Negligence is a legal matter for the courts to consider and decide should Mr X be dissatisfied with the outcome of his claim to the Council. We cannot decide whether the Council has been negligent, that is something only a court can decide. We also have no powers to enforce an award of damages. So, we would usually expect someone in Mr X’s position to seek a remedy in the courts.

Back to top

Final decision

13. We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now. Also, it is about a negligence claim which is a legal matter for the courts to consider and decide.

Back to top

Investigator's decision on behalf of the Ombudsman