Summary: We will not investigate this complaint about the Councils actions during the sale of a plot of land. We have not seen enough evidence of fault to justify our involvement.

The complaint

1. Mr X, represents his client Mr Y. He says the Council offered piece of land for sale early 2020. Mr Y owns the bordering plot and expressed interest to buy. Mr X says the terms of the proposed sale were discriminatory and prejudicial to Mr Y. He says the Council agreed to remove all discriminatory covenants but failed to do so. The Council then sold the land to another buyer.

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The Ombudsman’s role and powers

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

6. The Council offered the land to Mr Y for £200.000 without restriction of use subject to a 50% overage on grant of planning permission. It says Mr Y declined the offer.
7. It says Mr Y’s solicitor sought removal of some restrictive covenants. The Council says it removed a restrictive covenant. It also confirms it holds written correspondence which rebuts Mr X’s assertion that it had agreed to remove all restrictive covenants.
8. Mr X has not provided any evidence to support the claim that the Council agreed to remove all restrictive covenants.
9. The Council says it told Mr Y’s solicitor of its duty under the Local Government Act 1974 s123 and the retention of restrictive covenants. It did not receive any further argument on this point.
10. As Mr Y declined to continue with the purchase. In 2020 the Council sold the land to another buyer for more money, subject to 50% overage on grant of planning permission and a restriction on use.

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Final decision

11. I will not investigate this complaint as we have not seen enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman