Late Complaints

Late Complaints

Definition 

The Council considers a Late Complaint to be a complaint reported after one year of the matter arising. 

When will we investigate a Late Complaint?

We will only investigate a late complaint if the Monitoring Officer considers there are good reasons to do so. 

Guidance

The following guidelines will be taken into account.

In R v Local Commissioner for Administration, ex parte Bradford Metropolitan City Council (1979) QB287 in the Court of Appeal, Lord Denning said:

"time bars are not to be enforced rigidly against a complainant where justice requires that the time be extended and his complaint heard"

It may not have been reasonable for the complainant to have come to us within 12 months if the individual:

• Was ill or through some other incapacity was unable to act in time.
• Believed that action was being taken on the complaint by the council or its contractors.
• Believed a solicitor or other adviser was taking up the complaint on his/her behalf.
• Has not at any time allowed the matter to rest for more than a few months.

The above is not an exhaustive list.

It may also be relevant to consider whether there might be a wider injustice caused if we do not investigate.