Summary: We will not investigate this complaint about the Council allowing a developer to sell new-build properties to a housing association. This is because there is not enough evidence the Council is at fault.

The complaint

1. Mr X complains that since he moved to his new-build home, more properties have become social housing. He believes the Council should have limited the number of properties sold for social Housing and that its failure to do so has devalued his home. He also complains the increased number of social housing tenants or occupiers has led to an increase in anti-social behaviour in the area.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. When granting planning permission for the development the Council agreed the minimum number of social housing or affordable homes the developer would provide to make the development acceptable. It says the developer has complied with the requirement and that the sale of additional properties to housing associations does not amount to a breach of planning control.
6. The developer is entitled to decide who they sell their properties to, and it does not need planning permission from the Council to sell properties to a housing association. We could not therefore say the Council should have stopped the developer, or that it is responsible for the impact of the developer’s decision to do so. Any changes to the mix of private and social housing properties on the development are made by the developer. Mr X says he relied on the information he received from the developer in deciding to purchase his property, but this has since changed. This is a private civil matter between Mr X and the developer.
7. In the event Mr X has the details of any specific instances of antisocial behaviour he should report these to the Council as usual. The Council would then have to investigate the reports and take action, if it considers it necessary.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence to show any fault by the Council. We also cannot hold the Council responsible for the injustice Mr X claims, which is the result of decisions taken by the developer and the information it provided Mr X when he agreed to purchase his home.

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Investigator's decision on behalf of the Ombudsman