Summary: We will not investigate Mrs X’s complaint about the Council taking part of her land without permission or a compulsory purchase order. This is because the event complained of took place many years ago. The complaint is late and there is no reason why Mrs X could not have complained much sooner.

The complaint

1. Mrs X complains the Council widened the highway over part of her land without her consent or a compulsory purchase order.

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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)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Mrs X’s complaint because she has been aware of the road widening for many years. I have seen no reason why she could not have complained to us sooner about events which took place many years ago.

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Investigator's decision on behalf of the Ombudsman