Summary: We will not investigate this complaint about the Council’s decision to sell land to its own housing company and not to Mr X. This is because there is no evidence to suggest fault by the Council.

The complaint

1. Mr X complains the Council has selected its own housing company as the purchaser of land behind his property, a part of which he would like to buy for his own purposes.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council because it had selected its own housing company as the purchaser of land behind his property which included an area he wanted to buy himself.
7. He made an offer to buy the land he wanted but the Council rejected his offer. It explained the larger picture it was working to in meeting local housing need and achieving more affordable and sustainable housing. It said the land was legally committed to the housing company and that it had been disposed of having been approved by full Council.
8. While Mr X may be unhappy with the Council’s decision to sell the land to its housing company and reject his offer, it is not our role to act as a point of appeal against decisions made by councils with which complainants disagree.
9. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. There is no evidence to suggest fault affected the Council’s decision here.

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Final decision

10. We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.

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Investigator's decision on behalf of the Ombudsman