Barnsley Metropolitan Borough Council (25 023 510)
Category : Other Categories > Land
Decision : Closed after initial enquiries
Decision date : 01 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about a transfer of land between the Council and another party. Her complaint is late and we have seen no good reason why she could not have come to us sooner.
The complaint
- Miss X complains the Council transferred some land to another party without proving it had the legal authority to do so. She said the Council failed to consider the historical purpose of the land and the restrictions placed upon it.
- Miss X said the Council did not consider how the transfer of the land would impact the vulnerable residents who live on the estate. She said during and since the transfer of the land, residents of the estate have faced concerns about their safeguarding and wellbeing.
- Miss X would like the Council to support an independent investigation by the relevant regulators, and to take steps to ensure there will be no further transfers or sales of the land. She would also like the Council to revert the estate back to its previous charitable status.
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 information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complains about a land transfer involving the Council and another party. The transfer took place in 2024 and the evidence available shows Miss X became aware of the transfer that same year. She complained to us about the transfer in 2026.
- We will not investigate her complaint because it is late, and we have seen no good reason why she could not have come to us sooner.
- We also note the Council has explained why it cannot consider Miss X’s complaint about the land transfer under its formal complaints’ procedure. It has therefore advised her she can make a legal challenge to the land transfer by using the Council’s legal processes.
- It is open to Miss X to contact the Council to legally challenge the land transfer.
- The Council has also invited Miss X to report any specific safeguarding concerns affecting the residents to the Council’s adult social care team.
Final decision
- We will not investigate Miss X’s complaint because it is late, and we have seen no good reason why she could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman