The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s valuation of a property under the right to buy scheme. This is because the complainant has used their right of appeal to a tribunal.
The complaint
Mrs X says in 2020 the Council valued her property at a price, which she says was too high. Mrs X appealed to a district valuer and then later to the Valuation Office Agency (VOA). Mrs X says the price of her property is still too high and this has meant she was unable to buy it. Mrs X says she has been discriminated against and is seeking compensation.
The Ombudsman’s role and powers
The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X asked the Council to value her property in 2020. The Council valued her property at £490,000, which Mrs X says was too high when compared to other properties nearby.
Mrs X asked for the district valuer to value the property and then appealed their valuation to the VOA. The VOA valued the property at £450,000. Mrs X says that this valuation is still too high.
Mrs X says that because these valuations are much higher than she thinks they should be, she cannot buy her house and feels discriminated against.
Mrs X has used her right to appeal to a tribunal and we have no jurisdiction to investigate. We also cannot decide if an organisation has discriminated against any person under the Equality Act as this can only be done by the courts.
Final decision
We will not investigate this complaint about the Council’s valuation of a property under the right to buy scheme. This is because the complainant has used their right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman