Summary: Mr X complains that the Council failed to respond to his application to buy land and that the Council is unreasonable in the valuation of the land. We will not investigate this complaint because part of the complaint is out of time and there is no fault in the valuation.

The complaint

1. Mr X complains that the Council failed to respond to his application to buy land and that the Council is unreasonable in the valuation of the land.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

5. Mr X wrote to the Council in October 2019 asking to buy land outside his house to provide a driveway. He says he received no response. He then made the same enquiry in July 2020 but the valuation and associated costs had increased significantly.
6. The Council says they have outsourced the valuation process to a chartered surveyor which increased the charge. They say Mr X can complain about the valuation to the surveyor through the surveyor’s association. The Council says they have no record of the enquiry made in 2019.
7. The Ombudsman would not investigate the Council’s alleged failure to respond to his enquiry in 2019 as he could have complained to this office within 12 months when he realised there had been no response.
8. The Council is entitled to decide the most appropriate method for calculating the value of land they wish to sell. The Ombudsman cannot say whether a valuation is correct. I appreciate that Mr X is unhappy with the increased valuation and charges but I am not persuaded that there is evidence of fault in the way the Council acted.

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Final decision

9. I do not intend to investigate this complaint because part of the complaint is out of time and there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman