The Ombudsman's final decision
Summary: We cannot investigate this complaint about a demolition order in 2016/17. This is because the complainant appealed to the tribunal. In addition, this is a late complaint.
The complaint
The complainant, Mr X, wants the Council to refund charges he had to pay after the Council demolished some outbuildings in 2016/17.
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 a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended) 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)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence and a letter from the tribunal. I also considered our Assessment Code.
My assessment
The Council demolished some outbuildings in about 2016. Mr X challenged the order and appealed to the lands tribunal. The tribunal rejected his appeal. Mr X paid about £2000 in charges.
Mr X has recently contacted the Council. He continues to dispute the demolition and wants the Council to refund the charges.
The Council said it would not make a refund and the legal process was concluded in about 2017.
The law says we cannot investigate any complaint that formed part of an appeal to the tribunal. Mr X appealed to the tribunal which means we have no power to start an investigation. The charges formed part of the decision to demolish the buildings and are caught by this restriction. Mr X would have needed to challenge the charges at the time, through the tribunal or the courts.
In addition, this is a late complaint. Mr X has been aware of the demolition order, and the charges, for much longer than 12 months and I have not seen any good reason to accept a complaint that is about eight years old. And, as I have said, we have no power to start an investigation because of the appeal.
Final decision
We cannot investigate this complaint because Mr X appealed to the tribunal. In addition, this is a late complaint.
Investigator's decision on behalf of the Ombudsman