Summary: We will not investigate this complaint about the Council’s involvement with Mr X. This is because most parts of the complaint are late and therefore outside our jurisdiction. Additionally, of the parts that are not late, Mr X has an alternative legal remedy through the courts to resolve his dispute. And because only they can achieve the outcome he is looking for, it would be reasonable to expect him to use that remedy.

The complaint

1. Mr X complained the Council had acted against him malevolently over several years. He said this included:
1. Reneging on financial agreement relating to property matters;
2. instigating his wrongful arrest and prosecution;
3. unlawfully removed his private motor vehicle, and;
4. assumed ownership of land he was using as a car park.
2. Mr X stated this caused him distress, financial loss and harm to his family life. Mr X is seeking significant financial compensation.

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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)
5. 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)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The matters relating to complaints a)-c) are events ranging from 2018 onwards and the most recent issue, complaint c), Mr X was aware of this over 12 months ago.
9. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking. I will not be investigating those complaints as it is a late complaint, and I have not seen any evidence of why any of these issues were not raised within 12 months of the concern arising.
10. Of complaint d), Mr X said the Council carried out work on, and affecting, a car park he had assumed ownership of, without consultation. The Council told Mr X how it had carried out consultations as part of the planning process.
11. However, we will not investigate this part of his complaint. Mr X is in dispute about the ownership of this land, and is seeking compensation over one million pounds, for loss of land and disrupted access to his property. These are matters which are better suited for the courts, and given we cannot resolve either of his outcomes, it would be reasonable to expect him to use this alternative legal remedy.

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Final decision

12. We will not investigate Mr X’s complaint because most of it was a late complaint and there are no good reasons to exercise discretion to consider it now. And Mr X has an alternative legal remedy for the remainder of his complaint, which it would be reasonable to expect him to use it.

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Investigator's decision on behalf of the Ombudsman