Summary: Mr X complains the Council is acting contrary to the agreement made between them in 2010 in seeking repayment of the Repair Grant he received because he is selling a garden plot adjoining his home. The Ombudsman will not investigate the complaint because there is no evidence of fault by the Council and if Mr X disputes its decision, the courts are best placed to determine the issue.

The complaint

1. The complainant, who I refer to as Mr X, says the Council is wrong to seek repayment of a Repair Grant it paid him in 2010 because he is selling an adjoining garden plot. He says the agreement for the grant stated that repayment would only be due on sale or disposal of the property within 10 years and so he wants the Council to agree that he does not have to repay the grant. Mr B also complains about data protection issues and how he and his complaints were dealt with.

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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
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, 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, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. In considering the complaint I reviewed the information provided by Mr X and the Council. I gave Mr X the opportunity to comment on my draft decision and considered the comments he made.

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What I found

6. In 2010 Mr X received a Repair Grant from the Council. The agreement for the grant Mr X signed contained a condition which said the grant would have to be repaid if the property was sold or disposed of within 10 years.
7. When the Council became aware Mr X was selling part of his garden off as a separate plot, it sought legal advice on whether the terms and conditions of the agreement concerning repayment could be applied. The advice it received was that they could and that full repayment of the grant was required.
8. Mr X complained about this decision. The Council reviewed it but confirmed the grant was repayable. The reviewing officer considered the grant document, additional correspondence and discussed the case with the original officer and the Council’s legal team. It found no record of any communication which said Mr X would not have to repay the grant if he sold part of his land and it did not agree with his interpretation of one of the clauses of the agreement that he felt supported his position. It confirmed the agreement covered Mr X’s property, including the garden/land, and that it considered separating the plots to be a disposal.

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Assessment

9. I have seen no evidence from Mr X which supports his view that the grant is not repayable or that there has been fault by the Council so the Ombudsman will not investigate the complaint.
10. If Mr X believes the legal advice the Council received is wrong, then he can use the courts to challenge its position.
11. I have seen no evidence to warrant an investigation into how the Council dealt with Mr X and his complaints.
12. If Mr X wishes to pursue matters relating to data protection, he can contact the Information Commissioner whose details the Council has already supplied him with.

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Final decision

13. The Ombudsman will not investigate this complaint. This is because there is no evidence of fault by the Council and if Mr X disputes its decision, the courts are best placed to determine the matter.

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Investigator's decision on behalf of the Ombudsman