Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s offer of compensation for a property it acquired under a compulsory purchase order. This is because Mr X can appeal to the Tribunal and it is reasonable for him to do so.

The complaint

1. Mr X complains about the Council’s offer of compensation for a property it acquired under a compulsory purchase order. He says the Council planted a tree near the property which has caused damage to the property, reducing its value. He wants the compensation to take into account the loss he says was caused by the tree.

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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. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Upper Tribunal (Lands Chamber) is a tribunal that considers disputes about compensation for the compulsory purchase of land.

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How I considered this complaint

5. I considered the information provided by Mr X in his complaint and the Council’s responses to him. I also spoke to Mr X about his complaint.
6. I sent a copy of my draft decision to Mr X. I considered his comments before making a final decision.

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What I found

Background

7. Mr X inherited his mother’s interest in a leasehold property when she died. He was granted probate in February 2020.
8. For several years, the property was empty and in a poor state of repair.
9. In response to concerns from neighbours about the condition of the property, the Council tried to contact the leaseholder of the property to bring it back into use.
10. When these attempts failed, the Council decided to acquire the property under its compulsory purchase powers. It made a compulsory purchase order in August 2019 and acquired the property in January 2020.
11. The Council estimates the property is worth around £5,000. It says the value is low due to land subsidence, as are neighbouring properties.
12. Mr X says the damage to the property was caused by a tree the Council planted nearby. He says compensation for the property should ignore the poor state of the property, because it was the Council that planted the tree. He also wants compensation for lost rental income caused because of the damage to the property.
13. The Council says it inspected the tree and found the tree was not responsible for any damage to the property.
14. The Council has offered to pay Mr X’s reasonable costs for appointing a chartered surveyor to negotiate the compensation due.

Analysis

15. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. Mr X can appeal the compensation for the property to the Upper Tribunal (Lands Chamber).
16. We have discretion to set aside this rule where we decide there are good reasons. I have decided not to exercise discretion in this case because:
• The Upper Tribunal is the suitable forum to decide disputes about the compensation for the property;
• It is reasonable to expect Mr X to appeal to the tribunal.

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Final decision

17. The Ombudsman will not investigate this complaint. This is because Mr X can appeal to the Tribunal and it is reasonable for him to do so.

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Investigator's decision on behalf of the Ombudsman