Summary: We will not investigate Mr X’s complaint about the Council’s actions in relation to a lease. This is because some of the matters complained of happened more than 12 months before he complained to the Ombudsman. We will also not investigate as Mr X is able to enforce the terms of any lease via the courts.

The complaint

1. Mr X complains on behalf of a voluntary organisation he helps run which leases land from the Council. Mr X says the Council has repeatedly breached the terms of the lease and this has impacted on the organisations ability to function.

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The Ombudsman’s role and powers

2. 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)
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. Mr X had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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My assessment

7. Some of the issues Mr X complains of date back to 2017. Mr X did not complain to the Ombudsman until January 2021. Therefore parts of this complaint are late and we should not investigate them. We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion because it is reasonable to expect Mr X to have complained to us sooner.
8. The organisation Mr X helps to run has a lease with the Council which allows it to use Council owned land. The Ombudsman cannot interpret or enforce the terms of a lease. That is a matter for the courts. If Mr X believes the Council have breached the terms of the lease it would be reasonable to expect him to go to court or use any alternative dispute resolution mechanisms set out in the agreement.

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Final decision

9. We will not investigate this complaint. This is because part of the complaint relates to matters which happened over 12 months before Mr X complained to the Ombudsman. We will also not investigate as Mr X is able to enforce the terms of any lease via the courts.

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Investigator's decision on behalf of the Ombudsman