The Ombudsman's final decision
Summary: We will not investigate this complaint alleging the Council supplied false information to a third party during a property purchase which caused economic loss to Ms X. This is because we could not achieve the outcome requested.
The complaint
Ms X complains the Council issued false information to another party while she was buying a property which resulted in a bank withdrawing her mortgage.
Ms X says she had to apply for a new mortgage. She says she and her family suffered distress, ill health and financial loss for which she seeks compensation.
The Ombudsman’s role and powers
We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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: we cannot achieve the outcome someone wants there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 the information provided by the complainant. I also considered the Ombudsman’s Assessment Code.
My assessment
Ms X says the Council provided false information to a private homeowner from whom she was buying a property. She says this resulted in her mortgage being cancelled which caused financial loss and distress just before exchange of contracts.
I will not investigate. This is because we are unlikely to achieve the outcome requested. We cannot make awards of compensation or decide on liability for economic loss. And the complaint concerns a conveyancing transaction which is a private law matter better dealt with by the courts.
Final decision
We will not investigate Ms X’s complaint because we cannot achieve the outcome requested.
Investigator's decision on behalf of the Ombudsman