Luton Borough Council (25 024 623)
Category : Other Categories > Leisure and culture
Decision : Closed after initial enquiries
Decision date : 28 May 2026
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the eviction of her company from a council run site. This is because it is made late. Other matters have not caused her a significant personal injustice.
The complaint
- Ms X complains that the Council effectively evicted her business from a Council site and are responsible for the loss of property of a value of approximately £15,000. Ms X says the Council should have carried out an Equality Impact Assessment before making its decision. Ms X also complains that the Council provided inaccurate information during a meeting in November 2025.
The Ombudsman’s role and powers
- We investigate 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 continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
- We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council wrote to Ms X in April 2024 informing her that any property that her company has on the site would need to be removed as it would no longer be secure. Ms X says the Council did not properly respond to her correspondence and property to the value of around £15,000 was lost.
- I will not investigate Ms X’s complaint about the Council’s actions in April 2024. This is because it is made late and I see no good reason why she could not have complained to the Ombudsman sooner.
- Even if Ms X had complained sooner, we would not have investigated her complaint. She seeks significant levels of compensation for lost property, but only the courts can determine liability and aware compensation. For this reason, the courts are better placed to consider the matter.
- I will also not investigate Ms X’s complaint that the Council provided inaccurate information during a meeting held in November 2025. The injustice Ms X describes are related to the Council’s actions in April 2024. I do not consider that Ms X has demonstrated that she has suffered a significant injustice by any inaccurate information given in November 2025.
Final decision
- We will not investigate Ms X’s complaint because it is made late.
Investigator's decision on behalf of the Ombudsman