The Ombudsman's final decision
Summary: We will not investigate this complaint about drainage because the courts are better placed to consider the complaint.
The complaint
Mr Y complained the Council failed to provide him with information relating to a defective septic tank pipe installation during or prior to his purchase of his council house. Mr Y says he now faces a bill of approximately £18,000 to repair the issue and feels the Council should have made him aware of this previously.
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 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 Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
When a property is being sold, regardless of who the seller is, there is a concept of “buyer beware”, where a buyer must satisfy themselves that they are happy with the property, including any defects before the sale is completed. Once the sale is completed the purchaser, in this case Mr Y, has bought the property at their own risk.
Where a purchaser does not feel the seller has either been honest or has failed to provide information it should have, it is a matter for the courts and insurers as the courts can determine negligence and liability issues where we cannot. Consequently the courts are better placed to deal with this complaint and we will not investigate.
Final decision
We will not investigate Mr Y ’s complaint because the courts are better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman