Summary: We will not investigate this complaint about the Council’s decision to add Mr X’s property to the local list because there is not enough evidence of fault.

The complaint

1. Mr X complains the Council has placed his properly on a list of historic assets without consulting with him or following the proper process. He also complains the Council has recorded information related to this on the land register.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council provided an initial response to Mr X’s complaint on 3 October 2025. It did not respond further despite him chasing.
8. I consider the Council has had enough time and opportunity to complete its complaints process. I will therefore exercise discretion to consider Mr X’s complaint now.
9. Records on the Council’s website show it carried out a public consultation in 2009 on a supplementary planning document. This document included a proposal to add Mr X’s property to the local list. Following a review in 2021 the Council did then add Mr X’s property to the list.
10. Any complaint about the Council’s decision making in 2009 is late. And if Mr X did not own the property at that time he could have avoided any injustice by deciding not to purchase the property.
11. Mr X says he only found out about the Council’s 2021 decision recently. Therefore I consider this complaint is in time. However, there is not enough evidence of fault in the Council’s decision making in 2021 to justify an investigation. This is because the Council consulted and completed its substantive decision making in 2009.
12. The Council must record locally listed buildings on its Historical Environment Record and this status is then apparent on a search of the land register. There is not enough evidence of fault on this point to justify an investigation.

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Final decision

13. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman