Leeds City Council (20 009 253)
Category : Housing > Council house sales and leaseholders
Decision : Closed after initial enquiries
Decision date : 27 Jan 2021
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the Council’s valuation of her property under the right to buy scheme. This is because it is reasonable for Mrs X to appeal the Council’s decision to the District Valuer.
The complaint
- The complainant, whom I shall call Mrs X, complains about the Council’s valuation of her property which she has applied to buy under the right to buy scheme.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.
What I found
- In July 2020, Mrs X applied to buy her council home under the right to buy scheme. Mrs X made a previous application in July 2019. Mrs X is unhappy the Council has valued her home at £290,000, but in 2019, valued it at £190,000. Mrs X does not understand how the Council’s valuations can vary by so much.
- Council tenants exercising their right to buy must follow the statutory procedure laid out by Parliament - as must the social housing landlord. When a right to buy applicant disagrees with the valuation of their property, they have a right of appeal to the District Valuer. The District Valuer will then set their own valuation and this is binding on both parties - even if the valuation is higher.
- The Ombudsman will not generally investigate complaints where there is a right of appeal to a tribunal or another government body. The District Valuer is the authority which deals with right to buy valuation appeals. It is an expert, impartial body set up by Parliament to deal with such matters. There is no reason Mrs X should not use her right of appeal and so we will not investigate her complaint.
Final decision
- We will not investigate Mrs X’s complaint. This is because it is reasonable for Mrs X to appeal the Council’s decision to the District Valuer.
Investigator's decision on behalf of the Ombudsman