The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to purchase a property near the complainant’s home. This is because we are unlikely to find fault and the complainant has not suffered any significant injustice.
The complaint
Ms X has complained about the Council’s decision to purchase a property near her home. Ms X says the proper processes were not followed before the purchase and she is concerned about the impact there will be on her home and the local area.
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 not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X has raised many concerns about the Council’s decision to purchase the property. She says her home and the area will be impacted by the proposed use of the property. However, I am satisfied the Council followed the correct process and properly considered if it should purchase the property. Furthermore, I do not consider Ms X has suffered any significant personal injustice as a direct result of the Council’s decision to purchase the property. A planning application has been made to change the use of the property. The impact that the use of the building will have on Ms X’s home will be considered and mitigated, if necessary, as part of the planning process. Ms X has also had the opportunity to comment on the proposal and her concerns will be considered by the Council before it determines the application.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council. Ms X has also not suffered significant injustice.
Investigator's decision on behalf of the Ombudsman