East Riding of Yorkshire Council (20 009 535)

Category : Housing > Council house sales and leaseholders

Decision : Closed after initial enquiries

Decision date : 12 Feb 2021

The Ombudsman's final decision:

Summary: Mr and Mrs X complained about the Council’s valuation of their home in 2004 which they bought under the Right to Buy scheme. We should not exercise discretion to investigate this complaint. This is because it concerns matters which took place some 16 years ago and the complaint was not made to us within 12 months.

The complaint

  1. Mr and Mrs X complained about the Council valuing their home in 2004 at a price which they say was too high and comparable with prices today. They say they found this out when a neighbour also applied to buy in 2019 and was quoted a similar price.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I have considered all the information which Mr and Mrs X submitted with their complaint. I have also considered the Council’s response. Mr and Mrs X have been given an opportunity to comment on a draft copy of my decision.

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What I found

  1. Mr and Mrs X bought their home from the Council under the Right to Buy scheme in 2005. They say they found out from a neighbour in 2019 that the price quoted to them was similar to the price they paid in 2005. They believe the Council may not have given a fair valuation at the time in 2004.
  2. The Council says its records from so long ago are incomplete. However, Mr and Mrs X could have asked for an independent valuation from the District Valuer at the time if they believed the valuation was inaccurate.
  3. Mr and Mrs X have no evidence that the valuation was wrong in 2004 and they agreed to purchase the following year. They did not complain to us until 2020 which is outside the normal 12-month period for receiving complaints.

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Final decision

  1. We should not exercise discretion to investigate this complaint. This is because it concerns matters which took place some 16 years ago and the complaint was not made to us within 12 months.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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