Summary: We will not investigate Miss X’s complaint about the Council’s actions relating to a 2013 land sale. The complaint is late and there are no good reasons she could not have complained sooner.

The complaint

1. Miss X says the Council sold part of a public park in 2013 without carrying out the required public consultation, causing a lasting impact on the community. She wants the Council to accept its mistake, put matters right, and support an independent inquiry to investigate and recommend solutions.

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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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

7. Miss X’s complaint centres on the Council’s actions over a sale of land in 2013, and she has complained to the Council about the matter for several years.
8. In its most recent response, the Council refused to consider the complaint further because it was out of time. It considered whether to exercise discretion to accept the late complaint but decided not to, noting the extensive correspondence already provided and its view that there was no merit in continuing the matter. This is a decision it was entitled to make.
9. We will not investigate Miss X’s complaint because it is late. We usually expect people to complain to us within 12 months of becoming aware of matters and whilst we can use discretion to investigate late complaints, Miss X has known about the issue since 2013, and I see no good reason why she could not have complained to us sooner.
10. In addition, as the Council has advised, legal proceedings may provide a more appropriate route to resolve the issues Miss X raises, particularly where land ownership and legal rights are central.

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Final decision

11. We will not investigate Ms X’s complaint because it is made late and there are not good reasons to investigate now.

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Investigator's decision on behalf of the Ombudsman