Summary: We will not investigate this complaint about the Council’s valuation of a property under the right to buy scheme. This is because the complainant could have appealed to the District Valuer. Furthermore, the complaint is made late.

The complaint

The complainant, who I will call Miss X, complains about the Council’s valuation of a property that she wanted to buy under the help to buy scheme in 2019. She complained to the Council at the time, who told her she could appeal the decision with the District Valuer and that she could complain to the Ombudsman.

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The Ombudsman’s role and powers

1. 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)
2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I will not investigate Miss X’s complaint. This was because there was a right of appeal to the District Valuer which is the authority which deals with right to buy valuation appeals. Th District Valuer is an impartial body set up by Parliament to deal with such matters. There is no reason Miss X should not have used her right of appeal.
6. Furthermore, the complaint is made late. I see no reason why Miss X could not have complained to the Ombudsman in 2019 when signposted to do so by the Council

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Final decision

7. We will not investigate Miss X’s complaint because she could have appealed to the District Valuer and the complaint is made late.

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Investigator's decision on behalf of the Ombudsman