Summary: We will not investigate this complaint about land ownership. This is because the complaint is made too late.

The complaint

1. Mr X complains the Council:
• made inappropriate claims of ownership of land belonging to his late grandparents from the 1960s to 2000s.
• refused to engage with his conveyancer in 2023 when he was selling his late grandparent’s property
• placed an illegitimate private street works clause on land; and
• lied to him.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

Back to top

Final decision

6. We will not investigate Mr X’s complaint. His grandparents bought the land in the 1960’s. From the information provided by Mr X they were aware of the situation many years ago. Mr X, as executor of their estate, became aware of the matter complained about in 2023. His complaint is therefore late. I acknowledge he found the situation stressful but I have seen no reason why he could not have complained to the Ombudsman much sooner. We will not investigate this complaint as it is made too late.

Back to top

Investigator's decision on behalf of the Ombudsman