The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged delay by the Council in handling a property purchase. This is because there is another organisation better placed to deal with the complaint.
The complaint
The complainant, Mr X, complains a delay by the Council’s legal team, regarding conveyancing, caused a financial loss. Mr X wants the Council to cover the financial loss.
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 an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council. I also considered our Assessment Code.
My assessment
Mr X was selling a property. The Council put in an offer which Mr X accepted because he thought it would lead to a quick sale. For the same reason he agreed to reduce the price.
Mr X complains the Council’s solicitor, part of its legal team, delayed doing the conveyancing and failed to respond to phone calls and correspondence. Due to the delay in completion, Mr X could not buy another property before the increase in stamp duty. He also says his family faced homelessness due to the delay.
Mr X wants the Council to refund the reduction in the purchase price and the increase in stamp duty.
I will not start an investigation because this is a complaint better suited to the Legal Ombudsman. The Legal Ombudsman considers complaints about solicitors and licensed conveyances in relation to problems like delay. It is reasonable to expect Mr X to complain to the Legal Ombudsman because it is the appropriate body to consider complaints about solicitors, and it is free to use. We do not have the same level of knowledge about legal practice, conveyancing and solicitor conduct.
Final decision
We will not investigate this complaint because Mr X can complain to the Legal Ombudsman.
Investigator's decision on behalf of the Ombudsman