Summary: We will not investigate Ms X’s complaint about a charge the Council put on her property in 2011 because we could not achieve a worthwhile outcome, given the lapse of time.

The complaint

1. Ms X complained about a legal charge the Council put on her property in 2011, which she only became aware of in May 2025 when she applied for a remortgage. Ms X said the charge was for a much higher amount than it should have been and that the Council’s delay in addressing the matter caused her a financial loss.

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The Ombudsman’s role and powers

2. 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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

What happened

5. Ms X said the Council put a charge on the property she owned jointly with her (now deceased) husband in 2011. She says she was not aware of the charge until May 2025 when she applied for a remortgage to prevent her home being repossessed by her current mortgage lender. She understands the charge was in relation to rectification works after a builder failed to complete agreed works, despite having been paid. Ms X said the charge should be £12,500 plus interest and not the £26,000 the Council is now requiring her to pay it.
6. In response to my enquiries, the Council said it provided a settlement figure to the broker in December 2025 and understands the proceeds were paid in January 2026. It said it is tracing receipt of the funds and, once it has confirmed receipt, it will take steps to remove the charge from the property without delay.

My assessment

7. Although I note Ms X only became aware of the charge in May 2025, it is not likely we can investigate and establish what happened in 2011-2, due to the lapse of time since. It is therefore unlikely we would be able to establish whether the Council was at fault for putting the charge on the property or that the amount secured by the charge was incorrect. Further investigation is therefore unlikely to achieve a worthwhile outcome.
8. Even if we investigated, we would not be able to require the Council to remove the charge nor to enter into a deed of variation to amend the amount. And it is likely to be too late for those options as Ms X has now paid the sum claimed by the Council.
9. It is reasonable for Ms X to seek legal advice to identify any legal options that may be open to her, including whether she can take court action to recover any part of the sums paid to the Council.

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Final decision

10. We will not investigate Ms X’s complaint because we cannot achieve a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman