Summary: We cannot investigate Mr Q’s complaint about the Council’s alleged delay in providing the information he needed to remortgage his property. This is because he has been to court.

The complaint

1. The complainant, who I have called Mr Q, complained that the London Borough of Newham took too long to provide necessary information when he wanted to remortgage the property he bought via its NewShare Scheme. He said the Council’s delay resulted in additional costs.

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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 a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered the information Mr Q provided. I considered the information the Council provided. And I discussed the matter with Mr Q.

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What I found

5. Mr Q bought a property via the Council’s NewShare scheme. He later wanted to remortgage the property and needed information from the Council to do so.
6. Mr Q said the Council took too long to provide the information he needed to remortgage his home. As a result, he incurred additional costs, including higher mortgage payments.
7. Mr Q later went to the County Court to recover his additional costs. Because Mr Q has been to court about the matter we cannot investigate his complaint.

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Final decision

8. We cannot investigate Mr Q’s complaint. This is because he has been to court about the matter.

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Investigator's decision on behalf of the Ombudsman