Summary: We will not investigate Mr X’s complaint, brought by his representative Mr Y, about the Council’s refusal of his compensation claim for costs he says he incurred while it decided whether to remove his property from its Assets of Community Value Register (ACVR). Mr X may pursue his compensation claim at the First‑Tier Tribunal, which is the formal appeal route provided to him, and it is not unreasonable for him to use that appeal.

The complaint

1. Mr X owns a public house which was placed on the Council’s ‘Assets of Community Value Register’ (ACVR), until its removal in 2022. Mr X’s representative, Mr Y, complains on his behalf that the Council delayed in dealing with Mr X’s 2021 request to remove the pub from the ACVR.
2. Mr Y says Mr X incurred significant costs to maintain the property during the period the Council delayed in deciding the matter. Mr Y wants the Council to compensate Mr X for those claimed costs, which amount to over £14,000.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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 information from Mr Y, the Assets of Community Value (England) Regulations 2012, and the Ombudsman’s Assessment Code.

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My assessment

6. The Assets of Community Value (England) Regulations 2012 (‘the Regulations') set out the process for a person who is seeking compensation from the authority which listed their property on the ACVR. A person who owns such a property is entitled to make a compensation claim against the authority for costs they believe have been incurred due to their property being on the ACVR. The listing authority is required to respond to this compensation claim, setting out its decision reasons. If the property’s owner disagrees with the authority’s decision on their claim, they may ask it to review that decision. If they remain dissatisfied with the compensation review outcome, the person who asked for the review may appeal to the First-Tier Tribunal.
7. The Regulations show Mr X may take his compensation claim to the First-Tier Tribunal. That is the Tribunal which provides the formal appeal route for him to challenge the Council’s final decision on his claim.
8. I have considered whether it would be unreasonable to expect Mr X to use his Tribunal appeal. The Ombudsman is not an appeal body which can consider the merits of his compensation claim against the council’s decision. That is the role of the First-Tier Tribunal. Our complaint process cannot make enforceable findings, which is a power the Tribunal does have. We may only make recommendations to councils. The Tribunal can also order awards of compensation. We do not award compensation payments. For these reasons, it would not be unreasonable for Mr X to use his appeal to the First-Tier Tribunal to pursue the compensation claim outcome he seeks.

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Final decision

9. We will not investigate Mr X’s complaint because:
• he has a formal appeal right to the First-Tier Tribunal against the Council’s decision on his compensation claim; and
• it is not unreasonable for him to use his First-Tier Tribunal appeal to pursue the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman