Summary: We will not investigate this complaint about the Council’s decision to demolish a listed building. This is because the complaint is made late, and I see no reason why the complainant could not have complained sooner.

The complaint

1. The complainant, who I will call Ms X, complains about the Council’s decision to demolish a listed building. Ms X says the Council did not properly consult with residents and did not consider alternative development proposals for the building.

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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)

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How I considered this complaint

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

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My assessment

6. The Council met with Ms X in Feb 2020, to discuss development proposals for a listed building. The Council concluded that no viable proposals were presented during the meeting. In October 2020, a decision was made to demolish the building, and in July 2021 demolishment works commenced.
7. Ms X contacted us in 2021 and asked us to investigate the decision to demolish the building. In September 2021, we explained to Ms X that she first needed to complain to the Council and then contact us if she remained unsatisfied after its final response, or if it had not provided her a response after 12 weeks. Ms X has still not raised a complaint about this matter with the Council. Ms X did raise a complaint with the Council in September 2021 about the outcome of the meeting she had with the Council in February 2020, and the Council responded in October 2021.
8. I will not investigate this complaint because it is made late. The meeting between Ms X and the Council happened around three years ago. I see no reason why she could not have complained to the Council sooner. The decision to demolish to listed building was made more than two years ago. I see no reason why Ms X could not have complained to the Council about this sooner, as advised by the Ombudsman in September 2021.

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Final decision

9. We will not investigate Ms X’s complaint because it is made late and I see no good reason why she could not have complained sooner.

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Investigator's decision on behalf of the Ombudsman