Central Bedfordshire Council (25 010 009)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 19 Dec 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council has failed to enforce the terms of a legal agreement with the builder of the complainant’s home. This is because the complaint is made too late.
The complaint
- Mr X complains the Council has failed to enforce the terms of the section 106 legal agreement for the development where he lives.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X bought his new build property in 2018.
- The law requires people to complain to us within 12 months of them becoming aware of a problem – not when they first complained to the Council. Mr X has been reporting breaches of the legal agreement to the Council since 2018. However, he did not make a formal complaint to the Council until August 2024. The Council rejected the complaint and advised Mr X of his right to complain to the Ombudsman until September 2025.
- We look at each complaint individually, and on its merits, considering the circumstances of each case. However, we do not exercise discretion to accept a late complaint unless there are good reasons to do so.
- Mr X has been aware of the alleged failures to enforce the legal agreement for more than 6 years, well beyond our 12-month deadline. I have considered whether to exercise discretion to investigate the complaint, but I have seen no reason why Mr X could not have brought his concerns to us much sooner.
Final decision
- We will not investigate Mr X’s complaint because it is made too late.
Investigator's decision on behalf of the Ombudsman