Babergh District Council (21 009 260)
Category : Other Categories > Land
Decision : Closed after initial enquiries
Decision date : 03 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal to sell land to the complainant. This is because it is unlikely we would find fault.
The complaint
- The complainant, whom I shall refer to as Mrs X, has complained as the Council refused her request to purchase land near her home. Mrs X says she asked to buy the land to create a small garden space and the Council’s decision to refuse her request will mean she is unable to access and maintain part of her property.
The Ombudsman’s role and powers
- 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))
- 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)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council was under no obligation to sell land to Mrs X. I am satisfied it did consider her request and has explained why she could not purchase the land. I understand Mrs X is unhappy the Council has sold land to the owners of another property. However, the Council will need to consider each request on its own merits, and it has explained how the circumstances were different and why it was necessary to sell a section of land to the owners of one of the neighbouring properties.
- I understand Mrs X disagrees with the Council’s decision. But the Council was entitled to decide not to sell the land to Mrs X and the Ombudsman cannot question this decision unless it was tainted by fault.
Final decision
- We will not investigate Mrs X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman