Walsall Metropolitan Borough Council (24 000 208)
Category : Other Categories > Land
Decision : Closed after initial enquiries
Decision date : 15 Apr 2024
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint about the Council’s decision to make a compulsory purchase order. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
- Mr X says a Council officer deceitfully took legal action in the form of making a Compulsory Purchase Order against his property.
- Mr X says the Council’s actions have left him facing homelessness. He would like the Council to cease all legal action and accept he is living in the property.
The Ombudsman’s role and powers
- 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).
How I considered this complaint
- I considered the information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- It is clear Mr X was aware in January 2023 that the Council had made a Compulsory Purchase Order (CPO) on his property. But he did not complain to us until this month, over 14 months later.
- We will not investigate. This is because the matters he raises took place outside the 12-month period for making complaints to us. There is no evidence to suggest that Mr X could not have complained to us sooner.
- However, even if Mr X had complained to us at the time we could not resolve any dispute around the making of the order now it had been confirmed. Mr X can apply to the High Court to challenge the validity of the CPO.
Final decision
- We will not exercise discretion to investigate this complaint about the Council making a Compulsory Purchase Order. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman