The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council forced the complainant to sell it land owned by his business at a discounted rate. This is because it is reasonable to expect the complainant to seek his claim for significant financial compensation through the courts.
The complaint
The complainant, who I will call Mr X, complains that the Council unfairly forced him into a contract to sell land to the Council. Mr X says the Council only paid him £170,000 for the land when it is worth £1million. Mr X seeks compensation for the financial loss he has suffered.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s company owned land which it agreed to sell to the Council for £170,000 as a condition that a planning application relating to another site would be approved. Mr X says he was forced into the sale by the Council and that the value of the land is more than £1million. He therefore seeks compensation from the Council.
I will not investigate Mr X’s complaint because it is reasonable for him to pursue this matter through the courts. Mr X is seeking significant compensation from the Council. Any claim for compensation relating to the sale of the land which Mr X considers the Council to be liable for, are matters more appropriately dealt with by the courts.
Final decision
We will not investigate Mr X’s complaint because it would be reasonable to expect him to seek his claim for significant financial compensation through the courts.
Investigator's decision on behalf of the Ombudsman