Summary: We will not investigate this complaint about the Council’s valuation of a property Mr X wanted to sell it, under a ‘buy back’ scheme. This is because the Council’s actions have not caused Mr X a significant injustice and we cannot achieve the outcome Mr X is looking for.

The complaint

1. Mr X complains about his experience in trying to sell his property to the Council. He complains that the price the Council offered to buy his home from him was much lower than its market value. Mr X also complains about the Council’s procedures.
2. Mr X also complains that the Council has discriminated against him.
3. Mr X also complains about the Council’s complaint handling, and he wants the Council to pay the market value for his property.

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The Ombudsman’s role and powers

4. 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:

• 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), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council is participating in a Greater London scheme to buy properties to increase their housing stock. Mr X asked the Council to consider buying back a property, previously sold under the ‘Right to Buy’ scheme. There is no obligation on Mr X to sell his home to the Council, nor does the Council have a duty to buy it from him. The Council is only one potential buyer and if Mr X believed the Council did make him a low offer, Mr X could still list his property on the open market. So, there is no significant injustice to warrant investigation.
8. Mr X wants the Council to buy his property at what he believes is the market value and we cannot direct it does so. Additionally, Mr X said he had been discriminated against, but we cannot find that an organisation has breached the Human Rights Act through discrimination, only the courts can. Given these restrictions on our powers, we cannot achieve what Mr X is looking for in any case.

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Final decision

9. We will not investigate Mr X’s complaint because there is no significant injustice and we cannot achieve what he is looking for.

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Investigator's decision on behalf of the Ombudsman