Summary: We will not investigate this complaint about how the Council dealt with the proposed sale of part of the building where Mr X lives. This is because the Ombudsman cannot investigate complaints about housing let on a long lease. There is also insufficient evidence of fault in how the Council dealt with a planning application for the same property.

The complaint

1. Mr X complains the Council was planning on selling part of the building he lives in to his neighbour which would impact his ability to access facilities which serve his property. Mr X says the Council also granted planning permission for a loft conversion in the property. Mr X says the Council’s actions have caused him significant distress.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate complaints about the provision or management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)

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How I considered this complaint

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

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My assessment

7. Mr X and his neighbour are both leaseholders of a property where the Council owns the freehold. This means this complaint is about the actions of the Council in relation to the management of housing let on a long lease. Therefore we cannot investigate Mr X’s complaint about how the Council has dealt with the proposed sale of the property.
8. The Council granted planning permission for the loft conversion. The planning process is separate to the management of the leasehold properties. Issues such as private rights of access are not something the Council can take into account when granting planning permission. Therefore there is insufficient evidence of fault and so we will not investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because part of the complaint is about the management of housing let on a long lease. There is also insufficient evidence of fault in how the Council reached its decision to grant planning permission.

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Investigator's decision on behalf of the Ombudsman