Summary: The Ombudsman will not investigate Mrs X’s complaint about a Compulsory Purchase Order. This is because the complaint is late, and it was reasonable for Mrs X to appeal to the tribunal.

The complaint

1. Mrs X complains about a Compulsory Purchase Order (CPO) for a property she owns.

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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 can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

5. I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

6. Mrs X complains about a CPO for a property she owns. Mrs X says the CPO led to a significant financial loss which the Council has refused to pay for. Mrs X says she first raised her concerns in 2015, while the CPO dates to 2012. The Council has offered Mrs X a payment for certain fees but she is not happy with this.
7. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are clear and compelling reasons to do so. I do not consider that to be the case here. I see no reason Mrs X could not have complained much earlier, and so the exception at paragraph 3 applies to her complaint. In reaching this decision I have considered the point I make below.
8. Even if Mrs X’s complaint was not late, she had the right to appeal to the Upper Tribunal (Lands Chamber). The tribunal is an expert, impartial body, set up by Parliament, to consider disputes about CPOs. When somebody can appeal to a tribunal, the Ombudsman normally expects them to use this right. I see no reason Mrs X could not have appealed to the tribunal. An investigation by the Ombudsman is not therefore appropriate.

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Final decision

9. The Ombudsman will not investigate Mrs X’s complaint. This is because the complaint is late, and it was reasonable for her to appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman