Summary: We will not investigate this complaint about ownership of land behind Mr X’s property. This is because Mr X has known about this issue since at least 2017 but did not complain to the Ombudsman until 2021. Therefore this is a late complaint.

The complaint

1. Mr X complains about how the Council has responded to complaints he has made about land at the rear of his home. Mr X says the land should have been given to the Council some years ago to provide public open space but this did not happen. He says the land remains in private ownership.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X became aware of the issue of ownership of the land behind his home in 2017. Mr X did not complain to the Ombudsman until the July 2021. Therefore, this is a late complaint and we should not investigate. 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.

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Final decision

6. We will not investigate Mr X’s complaint because it is a late complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman