Summary: Mr X complained about the Council threatening him with compulsory purchase of his property. 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 Mr X, complains about the Council forcing him to sell a property he owns and threatening him with a compulsory purchase order if he fails to agree.

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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.

(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 Mr X submitted with his complaint. I have also considered the Council’s response and Mr X has commented on the draft decision.

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What I found

4. Mr X owns a property which has been empty for some years. In 2016 the Council began writing to him about why the property was empty advising of its powers and that assistance may be available to owners to renovate empty properties so they could be used. Mr X did not respond to the Council’s correspondence until 2018 when it informed him that it was considering compulsory purchase if he was not prepared to negotiate about renovating or selling the property to it for renovation.
5. Mr X would not agree to selling the property because he said neighbours had occupied some of his land. The Council negotiated with the neighbours who it says were prepared to re-instate the boundary which had become neglected. At present the Council is negotiating with Mr X’s solicitors to purchase the property and return it to use.
6. The Ombudsman cannot investigate complaints about compulsory purchase orders because there is a right to object against them to a public inquiry held by a Planning Inspector. Mr X has not been served with the notice and the Council has followed the correct procedure in its attempts to obtain his property by agreement with his solicitors. This is a legal transaction and is a private matter.

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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