Summary: We will not investigate this complaint about the Council’s refusal to sell land to the complainant. There is nothing to suggest fault by the Council. The courts are better placed to deal with alleged damage to the complainant’s property.

The complaint

1. The complainant, who I will call Mr B, complains the Council has declined his application to purchase some land adjacent to his property.
2. Mr B says the Council’s failure to maintain this land is damaging his property and the sale of even a part of it would benefit both parties.

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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 investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we are unlikely to find evidence of fault. (Local Government Act 1974, section 24A(6), as amended)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I considered information provided by Mr B and the Council. I also considered our Assessment Code.
7. Mr B commented on a draft decision and I have considered all of his points.

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My assessment

8. The Council is under no obligation to sell its land but agreed to look into an application from Mr B. It refused to sell the land deeming it to be of strategic importance.
9. Whilst Mr B feels the Council should have engaged in discussions with him about the land, it does not need to do this and is entitled to take the decision as it sees fit.
10. The Council has now carried out maintenance on the land adjacent to Mr B’s property.
11. If Mr B believes the Council’s failure to maintain the land has caused damage to his property, he can raise a claim for damages in the courts directly or through his insurers.

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Final decision

12. I have decided we will not investigate this complaint. There is nothing to suggest fault in how the Council decided not to sell land to Mr B. The courts are better placed to deal with alleged damage to Mr B’s property.

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Investigator's decision on behalf of the Ombudsman