Summary: We will not investigate Mr X’s complaint about how the Council handled the sale of a plot of land. We cannot achieve what Mr X wants. Mr X chose to buy the land on his own legal advice and the principle of buyer beware applies. Mr X complains late about events before February 2020.

The complaint

1. Mr X complains the Council was not efficient in selling a plot of land to him and other residents. He says the idea arose in 2018 but the purchase was only completed in 2020. He says for 9 months in 2019 the Council failed to reply to communications. Mr X says he wanted to buy freehold and did not know the Council was only offering leasehold. Mr X says the size of the plot was reduced very late in the process and he believes the Council could have told residents 5 months earlier. He felt obliged to complete the purchase because of the costs already incurred. Mr X says the Council should pay each purchaser £500 for the delay, misinformation, inconvenience, and stress.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

3. 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

4. I have considered Mr X’s information, comments and reply to my draft decision statement. The information includes the complaint correspondence with the Council.

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What I found

5. In August 2018, the Council offered terms for sale of the land which is near Mr X’s home. On 19 December 2019 Mr X sent an email to a councillor in which he says he is on the verge of telling residents to forget the idea of buying. He says ‘I am looking to purchase freehold and accept all other terms of their earlier offer. I don’t wish to lose 1 metre of the land from the path (0.5 metres I could accept).’
6. Mr X says by September 2020 prospective buyers had paid £273 each towards the purchase and had obtained planning permission. His solicitor informed him the Council had sent a draft lease with a revised site plan reducing the size of the plot for sale. Mr X says he decided to proceed after his solicitor had communicated with the Council. He says some other residents had dropped out.
7. On 27 November 2020 Mr X complained to the Council about its handling of the matter. The Council replied on 23 December and sent a final reply on 10 February 2021. On 12 February, Mr X complained to this office.
8. Mr X in his reply to the draft decision statement repeats his criticisms of the Council’s poor administration including lack of accurate information and delay in revealing the size of the plot had reduced. Mr X says he respects the decision not to investigate due to caveat emptor and being outside the timescale for complaining.

Analysis

9. I will not investigate this complaint for the following reasons:
10. The Ombudsman cannot achieve the outcome Mr X wants. The decision to pursue the project, proceed with the purchase and incur costs, is one Mr X made with his legal adviser. The principal of buyer beware applies.
11. Events which Mr X knew about before February 2020 are outside the Ombudsman’s jurisdiction. The complaint is made late, outside the permitted period of 12 months. I will not exercise discretion to investigate because Mr X could have complained sooner and there is nothing to achieve as explained in the preceding paragraph.

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Final decision

12. The Ombudsman will not investigate Mr X’s complaint about how the Council handled the sale of a plot of land. We cannot achieve what Mr X wants. Mr X chose to buy the land on his own legal advice and the principle of buyer beware applies. Mr X complains late about events before February 2020.

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Investigator's decision on behalf of the Ombudsman