Summary: The Ombudsman will not investigate Mr X’s complaint about a Compulsory Purchase Order. This is because part of the complaint is late, and it is reasonable for Mr X to appeal to the tribunal.

The complaint

1. Mr X complains about a Compulsory Purchase Order (CPO) for a property he owned.

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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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
5. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. 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

6. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

7. Mr X complains about a CPO for a property he owned and operated a business from. Mr X says the CPO process started in 2015 and the Council purchased the property in 2018. The Council has paid Mr X for the property’s freehold value. It has also made two compensation payments, but there is a dispute about whether the business was “extinguished”. Mr X is unhappy with the amount the Council has paid and says it has unnecessarily delayed the process. He is unhappy with the way the Council has dealt with his complaint. Mr X wants the Council to reimburse his costs for professional fees and for it to proceed to Early Neutral Evaluation – a type of Alternative Dispute Resolution (ADR).
8. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are clear and compelling reasons to do so. I do not consider that to be the case here. Mr X’s complaint flows from a decision originally taken in 2015, and so the exception at paragraph 3 applies to much of his complaint. In reaching this decision I have considered the point I make below.
9. Mr X says that in the last 12 months the Council has deliberately delayed the process and he wants it to proceed to ADR. But the issue at the heart of Mr X’s complaint is about compensation. Disputes about the amount paid due to CPOs can be considered by the Upper Tribunal (Lands Chamber). The tribunal is an expert, impartial body, set up by Parliament, to consider disputes about CPOs. When somebody can appeal to a tribunal, the Ombudsman normally expects them to use this right.
10. The property subject to the CPO was used as a business premises and Mr X has been professionally advised. The Ombudsman cannot tell the Council to proceed to ADR. Compensation for properties subject to CPOs is not something the Ombudsman can award. Much of Mr X’s complaint hinges on legal arguments which the Ombudsman could not decide. But the outcome Mr X seeks is one the tribunal can provide him with. I therefore see no reason Mr X should not appeal to the tribunal. It is the appropriate body to consider Mr X’s complaint and the Ombudsman cannot give him the outcome he wants.

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Final decision

11. The Ombudsman will not investigate Mr X’s complaint. This is because part of the complaint is late, and it is reasonable for Mr X to appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman