London Borough of Waltham Forest (22 014 964)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of a leasehold conveyance which Ms X says resulted in legal costs and delays which she is claiming compensation for. It is reasonable for Ms X to make a legal claim which would be determined by the courts if no liability is accepted.
The complaint
- Ms X says the Council delayed the conveyancing of a leasehold buyback property to her which resulted in her incurring additional legal costs and removal delays amounting to over £4,000. She wants the Council to accept liability and pay her compensation.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says the Council delayed completing a conveyance for a leasehold buyback of a property, she says this meant that she incurred additional legal costs and had her planned removal delayed causing inconvenience. Her solicitors who were party to the conveyance made a complaint on her behalf and asked for £4.0044 compensation in 2022.
- The Council’s legal team rejected Ms X’s claims and told her that any delay or misunderstanding was the result of her own legal advisor’s actions. It advised her to seek further legal advice and submit a legal claim if she believed there was evidence of liability on its part.
- We will not investigate a complaint where it is reasonable for someone to make a claim and seek a legal remedy in the courts if no liability is accepted by a council. This complaint concerns the procedure involving a legal conveyance and any disagreement between the legal representatives of both parties would be best determined by the courts.
Final decision
- We will not investigate this complaint about the Council’s handling of a leasehold conveyance which Ms X says resulted in legal costs and delays which she is claiming compensation for. It is reasonable for Ms X to make a legal claim which would be determined by the courts if no liability is accepted.
Investigator's decision on behalf of the Ombudsman