London Borough of Hillingdon (24 015 689)
Category : Other Categories > Land
Decision : Closed after initial enquiries
Decision date : 06 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal to sell land to Ms X. This is because there is no worthwhile outcome achievable by us investigating.
The complaint
- Ms X said she was unhappy the Council declined to sell her a portion of land it owned, which was adjacent to her property. Ms X was also unhappy the Council had neglected the land, meaning overgrown trees and bushes had damaged her fence. Ms X wants the Council to maintain the land or sell it to her.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X wrote to the Council and enquired about buying land. She also said it was neglected, and overgrown trees and bushes had damaged her fence. She told the Council other people were trespassing on the land. The Council wrote to Ms X and declined to sell her the land, giving her its reasons.
- We will not investigate this complaint as there is no worthwhile outcome achievable by us investigating, because:
- We cannot tell the Council to sell land where it has no statutory duty to do so;
- nor can we direct it to maintain, or secure it its land in any particular way, and;
- only the courts or the Council’s insurers can decide liability for damaged property, we cannot.
Final decision
- We will not investigate Ms X’s complaint because there is no worthwhile outcome achievable.
Investigator's decision on behalf of the Ombudsman