Summary: We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner about the Council’s decision to withdraw its land from sale.

The complaint

1. Mr X complained about the Council’s decision in 2019 to withdraw land which it had said it would dispose of for social housing. His company carried out [planning application work at its own expense so that a housing association could purchase the land. This has led to a substantial expense which he wants the Council to re-imburse.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr x owns a construction company and in 2018 the Council issued a list of land which it was prepared to dispose of in order to increase provision of social housing. A housing association was interested in one of the sites and Mr X’s company applied for planning permission as it had done with previous sites released by the Council.
6. The plans were approved in early 2019 but shortly afterwards the Council informed Mr X that the land in question had been removed from the disposal list following a change of mind by elected members. Mr X submitted an invoice for the costs they had incurred and said that the loss of anticipated construction work had affected their company.
7. The Council acknowledged Mr X’s concerns but told him initially that it had no contractual agreement to sell the land and that the decisions over land disposal were for the Council’s members to decide. Mr X was asked to submit details of his costs but has not received any further indication that the Council was willing to reconsider.
8. The Local Government Act from which the Ombudsman takes his powers also places restrictions on what we may investigate. One of these restrictions relates to complaints made more than 12 months after the complainant became aware of the fault they complained about. In this case the Council withdrew the land from sale in early 2019 and indicated at the time that it had no responsibility for Mr X’s losses. I have seen no evidence to suggest the Mr X could not have complained to us sooner once he was aware of the Council’s decision

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Final decision

9. We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner about the Council’s decision to withdraw its land from sale.

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Investigator's decision on behalf of the Ombudsman