The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to take legal action against Mr X’s landlord. This is because the complaint is made late to us and any remaining injustice allegedly arising from any Council fault, is not sufficient to warrant our involvement.
The complaint
Mr X complains about the Council’s decision not to take legal action against his landlord for a delay in providing insurance details about the building where he lives. Mr X also complains the Council did not provide a full response to his complaint until its stage 3 response and that the Council will not allow him to make a new complaint to it about this. Mr X has been caused worry and uncertainty.
The Ombudsman’s role and powers
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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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 any alleged fault has not caused significant injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council after his landlord failed to respond to his request, under the Landlord and Tenant Act 1985 (the Act), to see the insurance documents for the property where he lives as a leaseholder. Mr X remains unhappy that the Council decided not to prosecute the landlord, as it has the ability to do, under the Act.
Mr X knew the Council did not intend to take legal action on 29 April 2021. Mr X then complained to the Council and received the Council’s final response on it, in March 2022. The Council referred Mr X to us on 8 April 2022. Mr X complained to us 9 May 2022.
Mr X’s complaint is made late to us as he did not complain to us within a year of him knowing the Council’s position on his case ie that it proposed no further action. I consider Mr X could have complained to us sooner, and within time, particularly as the Council referred Mr X to us in the year after he first became aware of the issue. I do not consider therefore that there are good reasons for us to accept this late complaint now.
Under the Act, a local authority, or tenant, can bring a case to the Magistrates’ Court, if a landlord fails to comply with a request to provide insurance details. However, such a case must be brought within six months of the alleged offence. As this matter has been ongoing since March 2021 ie for around 15 months, I do not consider it would be in the public interest for us to investigate this case now, when the law itself imposes a six month time limit to seek recourse. In addition, Mr X was eventually provided with the insurance documents. While there was delay, and I note that Mr X says this is a recurring problem he experiences, I do not consider there is sufficient remaining injustice to him, in respect of this particular complaint, to warrant our involvement.
We will not investigate for these reasons.
Final decision
We will not investigate Mr X’s complaint because there are not good reasons to investigate his late complaint now. In addition, there is insufficient remaining injustice caused to Mr X by any alleged Council fault to warrant our involvement.
Investigator's decision on behalf of the Ombudsman