Summary: We will not investigate this complaint about the completion of a s106 agreement. This is because the complaint is late and there are no good reasons to investigate it now.

The complaint

1. Mrs Y complains the Council approved completion of a s106 agreement when a development was built in 2011. Mrs Y says the value of the play area provided under the agreement is significantly below the value agreed.
2. Mrs Y says this has meant the community does not have the facilities it should have for its children.

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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)

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How I considered this complaint

5. I spoke to Mrs Y and read the information she and the Council provided. Mrs Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

6. Mrs Y moved into a new housing development in 2011. The Council made a s106 agreement with the developer that it would provide play facilities, of a particular value, as part of the development. When the development was completed, the developer provided a small play area, which the Council agreed fulfilled the terms of the agreement made.
7. Ownership of the play area was transferred to the local Parish Council in January 2018. At a public meeting, which Mrs Y attended, the Parish Council explained an inspection of the play area, made in 2017, had found the equipment was below the value specified in the agreement.
8. In August 2019, the Parish Council paid for further equipment at the play area to be installed. As the Parish Council was unable to resolve the issue with the Council, residents of Mrs Y’s housing estate raised their own complaint in October 2019. The complaint asked for money to be paid to the Parish Council to recoup the cost of the additional equipment.
9. The Council responded in December 2019 but did not uphold the complaint. Mrs Y was provided with a copy of the complaint correspondence by the Parish Council, despite not being a member of the Parish Council itself.
10. Mrs Y contacted the Ombudsman to raise her complaint in October 2020. As an outcome to her complaint, she would like the Council to pay money to the Parish Council be used to improve the play area or to be used for the maintenance of the current facilities.

Analysis

11. Mrs Y became aware of her reason to complain at the public meeting of the Parish Council in 2018. As she has therefore been aware of the matter for more than 12 months, her complaint is late. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons.
12. I spoke to Mrs Y about her complaint, including her reasons for approaching the Ombudsman now, rather than in 2018. Mrs Y said she had not previously had time to contact the Ombudsman about her complaint. However, we would not consider this a good reason for her not to have brought her complaint to us within 12 months of knowing about the matter. It is reasonable to expect her to have complained sooner so we will not investigate.

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Final decision

13. We will not investigate this complaint. This is because the complaint is late and there are no good reasons to investigate it now.

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Investigator's decision on behalf of the Ombudsman