Summary: We will not investigate this complaint about how the Council calculated out a valuation of a property that the complainant applied to purchase under the right to buy scheme. This is because the complainant has used their legal right of appeal, there is insufficient evidence of fault and we cannot attribute any injustice caused by any delays during the appeals process to the Council.

The complaint

1. The complainant, who I will call Mr X, complains about how the Council valued his property after he applied to purchase it under the right to buy scheme. Mr X says the Council made errors in the valuation process which meant he had to appeal to the District Valuer, which caused a delay and resulted in increased mortgage fees due to the rise in interest rates.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

6. Mr X applied to purchase his Council property under the right to buy scheme. The Council’s valuers assessed the property and provided a valuation. Mr X disagreed and successfully appealed to the District Valuers. Mr X says that this caused delay and in turn this means his mortgage will cost more due to the recent increases in interest rates.
7. I will not investigate this complaint. Mr X had a legal right of appeal against the Council’s valuation which he used. This provided him with the remedy which he sought, which was a change in the valuation.
8. The Council explained how it carried out the assessment of his property and reached its valuation. I see no evidence of fault in how it carried out its assessment. Whilst Mr X disagrees with how the Council carried out its assessment and whilst the District Valuer came to a different conclusion, this does not mean the Council was at fault. Without the presence of fault, we cannot question the merits of the Council’s decision.
9. Furthermore, we cannot achieve the outcome which he seeks, which is financial compensation for the increase in interest rates caused by the appeal. This is because we cannot attribute either of these factors to the Council.

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Final decision

10. We will not investigate Mr X’s complaint because he has used his right of appeal, there is insufficient evidence of fault and we cannot achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman