Summary: We will not investigate Mr X’s complaint about the Council’s use of a public recreation ground. The complaint is late and there are no good reasons why the late complaint rule should not apply.

The complaint

1. Mr X complained the Council has not followed a covenant for a recreation ground it bought in 1956.
2. Mr X says the land is charitable after a High Court ruling in 2002.
3. Mr X says the Council has prevented the land being used as an open space as set out in the covenant.

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The Ombudsman’s role and powers

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. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says:
• The Council bought a recreation ground in 1956.
• The recreation ground has a covenant saying it is for the benefit of the public. It should be used as an open space.
• The High Court ruled the land as charitable in 2002 and directed the Council how to use it.
8. Mr X says the Council have developed the land since 1996 and it is no longer an open space. He has provided no reasons why it has taken him until now to complain to us.

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Final decision

9. We will not investigate Mr X’s complaint about how the Council have developed a recreation ground. The complaint is late and Mr X has provided no good reasons why the late complaint rule should not apply.

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Investigator's decision on behalf of the Ombudsman