Summary: We will not investigate this complaint about information provided by the Council about a house purchase. There is not enough evidence of fault to justify investigating.

The complaint

1. Miss X complained the Council provided wrong information about a local occupancy restriction, whilst she was pursuing a house purchase. Miss X stated the Council’s incorrect information meant she learned too late into the process the house would be unsuitable for her and her family. This left her with a solicitor bill which she would like the Council to pay.

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The Ombudsman’s role and powers

We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

4. Miss X was interested in purchasing a property which had a restriction placed on it under s157 of the Housing Act 1985, as it was previously a Local Authority owned property in a rural area.
5. Miss X complained the Council provided an estate agent with inaccurate information about the restriction on the property. She said that meant she wrongly believed she could purchase property.
6. In its complaint response, the Council stated the information it provided to the estate agent was accurate and matched the land registry entry. It said it directed the estate agent to contact the Housing Association who were the responsible landlord at the point of sale and would be able to confirm its process for considering requests for consent of purchase.
7. The Council did not uphold Miss X’s complaint and advised her that it did not carry out any other checks or searches; this would be for Miss X’s solicitor to pursue.
8. We will not investigate Miss X’s complaint because the Council has stated that the information it provided to the estate agent was consistent with the Land Registry entry. The Council also directed the estate agent to contact the responsible landlord. This was the correct action for it to confirm the restrictions. There is not enough evidence of fault to justify investigating.

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Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman