Summary: Ms X complained about the Council’s failure to assist her in contesting the terms of the lease on her home. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault by the Council which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Ms X, complains about the lack of assistance from the Council to challenge the terms of a lease which she holds with a private company. She wants the Council to help her to remove the terms which prevent her from moving to another area.

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The Ombudsman’s role and powers

2. 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:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I have considered all the information which Ms X submitted with her complaint. I have also considered the Council’s response and Ms X has commented on the draft decision.

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What I found

4. Ms X wanted the Council to help her to challenge the terms of a lease which she holds with a private equity company. The lease is a lifetime lease which she signed in exchange for 100% equity in her home. The Council has contacted solicitors on her behalf but they will not entertain the case because she is bound by the terms of the lease which she signed.
5. The Council is providing a package of support for Ms X’s adult care needs. However, it says it is unable to assist her in what is essentially a private legal matter.
6. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. The Council has no authority to intervene in Ms X’s lease agreement with the company.

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Final decision

7. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault by the Council which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman