The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has failed to enforce the terms of a legal agreement with the builder of the complainant’s home. This is because the complaint is made too late.
The complaint
Mr X complains the Council has failed to enforce the terms of the section 106 legal agreement for the development where he lives.
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)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X bought his new build property in 2018.
The law requires people to complain to us within 12 months of them becoming aware of a problem – not when they first complained to the Council. Mr X has been reporting breaches of the legal agreement to the Council since 2018. However, he did not make a formal complaint to the Council until August 2024. The Council rejected the complaint and advised Mr X of his right to complain to the Ombudsman until September 2025.
We look at each complaint individually, and on its merits, considering the circumstances of each case. However, we do not exercise discretion to accept a late complaint unless there are good reasons to do so.
Mr X has been aware of the alleged failures to enforce the legal agreement for more than 6 years, well beyond our 12-month deadline. I have considered whether to exercise discretion to investigate the complaint, but I have seen no reason why Mr X could not have brought his concerns to us much sooner.
Final decision
We will not investigate Mr X’s complaint because it is made too late.
Investigator's decision on behalf of the Ombudsman