Summary: We will not investigate this complaint that the Council failed to respond to Mr X’s request to buy land it owns. This is because the complaint is made late, and I see no good reason to exercise discretion and investigate it now.

The complaint

1. Mr X complains that the Council has failed to respond to his request to buy Council owned land adjacent to land he owns.

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

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My assessment

6. I will not investigate Mr X’s complaint. The offer he made to the Council to buy the land was in 2021, so his complaint is made late and I see no good reason why he could not have complained to the Ombudsman about the Council’s failure to respond sooner.

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Final decision

7. We will not investigate Mr X’s complaint because it is made late.

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Investigator's decision on behalf of the Ombudsman