Summary: We will not investigate this complaint about how the Council dealt with the complainant’s land registry search request. This is because it is unlikely an investigation would add to the Council’s response.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained the Council incorrectly responded to a local land registry search request for a property he was intending to purchase. Mr X says he proceeded with the purchase based on the information from the Council. However, he later found out the property was not a residential dwelling and could not be occupied without planning permission. Mr X says he would not have continued with the sale had the Council provided the correct information. He also disputes that planning permission is necessary to use the property as a residential dwelling.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the council, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. The Council has accepted the local land registry search was not carried out correctly. It gave information relating to another property in response and failed to provide details about the planning history for the site. The Council says had the search been properly responded to, it would not have shown the building was abandoned. However, the details relating to the site’s planning history may have led to Mr X’s solicitor making further enquiries in this regard.
5. Planning permission has now been granted to change the use of the building to a dwelling so it can be occupied. The Council has also agreed to refund the land registry search fee and the fee Mr X paid for pre-application planning advice. I consider this suitable in the circumstances and it is unlikely an investigation by the Ombudsman would add to this response or achieve anything more for Mr X.

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Final decision

6. We will not investigate Mr X’s complaint because it is unlikely we could add to the Council’s response or that an investigation by the Ombudsman would achieve anything more for Mr X.

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Investigator's decision on behalf of the Ombudsman