Summary: Ms X complained about the Councils refusal to sell her a plot of land which she wants to build a house on for her parents. We will not investigate this complaint because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Ms X approached the Council in 2020 about purchasing some land to build a house for her vulnerable parents. She says the Council negotiated with her about the price but when this was complete it decided not to sell her the land for environmental reasons.

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The Ombudsman’s role and powers

2. 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)
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I have considered all the information which Ms X submitted with her complaint.

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What I found

5. Ms X wanted to buy a plot of council owned land to build a house for her parents whom she says are elderly and vulnerable. She approached the Council in late 2020 and it began negotiations with her about the price. In March 2021 the Council confirmed that it had put the matter to other departments for consultation. It subsequently told her that the application was refused because the Council’s Trees and Woodlands department was concerned about the effect of any development on a nearby mature highway tree.
6. Ms X says the Council has acted unreasonably in leading her to believe the sale would go ahead and that its explanation is insufficient.
7. The Council has no statutory obligation to sell public assets to potential purchasers. Each site is considered on its own merits and in this case there was an objection by one of the consultees on environmental grounds. The Council did not agree any contract and it made it clear to Ms X that there were no guarantees that the purchase could be completed.
8. The Ombudsman may not question the merits of decisions which have been made in a proper manner. This means the Ombudsman will not intervene in disagreements about the merits of decisions where this no evidence of fault.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman