Uttlesford District Council (21 004 533)
Category : Other Categories > Land
Decision : Closed after initial enquiries
Decision date : 27 Aug 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to apply for a compulsory purchase order or to vest that order. We have previously issued a decision relating to application for the order. It would be reasonable for the complainant to use the courts to test the legitimacy of vesting that order.
The complaint
- The complainant, who I will call Mr A, complains about the Council obtaining a compulsory purchase order (CPO) on a property he owned. Mr A also feels the Council should not have continued to take possession of the property because of changes in circumstances after it obtained the CPO.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could seek a remedy in court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by Mr A and the Council. I also considered our Assessment Code.
My assessment
- Mr A contacted us in 2019 to complain about the CPO obtained by the Council. We decided in March 2020 not to investigate that complaint and this is not something we will look into again.
- Mr A believes the Council was wrong to continue to act on the CPO because of changes in circumstances. He has recently written to the Council stating his intention to raise a claim through the courts about the validity of the Council’s actions. I consider it would be reasonable for him to continue with this course of action.
Final decision
- I have decided we will not investigate Mr A’s complaint. This is because we will not investigate matters we have already considered. If Mr A remains unhappy with the Council’s decision to act on the CPO, he can continue to seek a remedy through the courts.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman