The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council managed the lease for a public space. This is because his complaint is made late, and I see no good reason why he could not have made it sooner. I will not investigate Ms Z’s complaint because it is not about an administrative function of the Council.
The complaint
Mr X complains about the Council’s decision-making when it leased one of its public spaces to another organisation. Mr X says the organisation he represents has been evicted from the space. Mr X also complains on behalf of Ms Z, whose child uses the services that Mr X’s company provides and will be affected by the eviction.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s organisation has operated from the space for several years with the permission of the leaseholder, and he feels that they should have been given a direct tenancy with the Council at the time. I will not investigate Mr X’s complaint about the handling of the lease because he has been aware of the agreement in place for several years so this complaint is made late. I see no reason why he could not have complained sooner.
I will not investigate Ms Z’s complaint that her child will lose the services offered by Mr X’s organisation due to the eviction. This is because any injustice caused is as a result of the actions of the lease holder and not the Council. Therefore, the issue complained about is not an administrative function of the Council.
Final decision
We will not investigate Mr X’s complaint because his complaint is made late. I will not investigate Ms Z’s complaint because it is not about an administrative function of the Council.
Investigator's decision on behalf of the Ombudsman