The Ombudsman's final decision
Summary: We will not investigate this complaint about repair issues at private accommodation as the complaint is made late and there are not good reasons to investigate now.
The complaint
Mr X complains the Council has not taken action against the landlord of a property he lived in until 2017 where, he says, he was poisoned by carbon monoxide. Mr X seeks compensation.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has known about this issue for several years but did not complain to us until early 2025. As such, the complaint is made late. It is reasonable to expect Mr X to have complained to us sooner and within a year of him knowing about the problem. I do not therefore consider there are good reasons to investigate this complaint now and we will not do so, as per paragraph three.
We cannot determine personal injury claims as these can only be decided in court. There is a procedure open to anyone to make such claims in court. Mr X could take court action himself, or he could use a solicitor, some of which take on these cases on a ‘no win-no fee’ basis. We cannot award compensation for any personal injury Mr X may have suffered.
Final decision
We will not investigate Mr X’s complaint because it is made late and there are not good reasons to investigate now. We cannot award Mr X compensation as ultimately Mr X’s entitlement to such could only be decided by a court.
Investigator's decision on behalf of the Ombudsman