Summary: We will not investigate this complaint about the Council’s local land searches, relating to a property transaction involving Ms X. The complaint is late and there are no good reasons to consider it now.

The complaint

1. Ms X said when she was selling a property, it became apparent the Council had not previously identified a structural aspect affecting her building, at the time she initially bought it. She said this then delayed the sale of the house, caused her to accept a lower purchase price and meant she incurred other expenses.
2. Ms X said this left her with doubt as to whether she would have bought the property in the first place and is looking for the Council to compensate her for related expense.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

7. Ms X first learned about the issue affecting her property sale in late 2020 and early 2021. She made a complaint to the Council and had a response from it in February 2021.
8. We will not investigate this complaint because the law at paragraph four applies here. Ms X would have been aware of the Council’s position on her concerns, in that it accepted fault and was given an explanation of what had occurred a significant time ago.
9. There is an expectation in law that we only investigate late complaints where there are good reasons for the delay, and I have not seen any evidence why a complaint could not have been raised to us within 12 months of Ms X being aware of the matter.

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Final decision

10. We will not investigate Ms X’s complaint because it is late and there are no good reasons to consider it now.

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Investigator's decision on behalf of the Ombudsman