Summary: We will not investigate this complaint about a delay in registering a property as an Asset of Community Value. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is late and we have seen no reason why the complainant could not have contacted us much sooner.

The complaint

1. Mr X complains the Council delayed in registering a former public house as an Asset of Community Value (ACV).

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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 Mr X and on the Council’s website.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Mr X’s complaint because it is made too late. Information on the Council’s website shows he has been aware of the ACV since at least May 2022. Therefore the restriction outlined at paragraph three above applies and this matter is outside our jurisdiction. We have seen no reason why Mr X could not have raised his concerns with us much sooner.

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Investigator's decision on behalf of the Ombudsman