Decision : Closed after initial enquiries
Decision date : 23 Feb 2017
The Ombudsman's final decision:
Summary: The complainant says the Council has not paid it compensation agreed for a compulsory purchase order. The Ombudsman is not investigating this complaint as it would be reasonable for the complainant to appeal the Council’s decision to a Tribunal.
- The complainant is a company, which was subject to a compulsory purchase order made by the Council. They say, via their representative, the Council has not paid them 10% of the agreed compensation plus interest.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I have considered the information the complainant’s representative sent to us and the Council’s replies to their complaint to it. I have also written to the representative with my initial thoughts and they have replied.
What I found
- The Council made a compulsory purchase order against the company, agreeing to pay compensation. The company say the Council has held back the Council 10% of the agreed compensation plus interest.
- Disputes about compulsory purchase order compensation are dealt with by the Upper Tribunal (Lands Chamber). The complainant’s representative has not given me any reasons why the complainant should not have used their rights to appeal the Council’s decision.
- I am not investigating this complaint about payment of compensation after the Council made a compulsory purchase order as the complainant has the right to make an appeal to a Tribunal and I have not been given any reasons why this would not be a reasonable thing to do.
Investigator's decision on behalf of the Ombudsman